Harrity v. Continental-Equitable Title & Trust Co.

Citations

• 280 Pa. 237
• 124 A. 493
• 1924 Pa. LEXIS 499

Syllabus

<p>Trusts and trustees — Duties—Active trust.</p> <p>1-. Where the duty of renting and selling real estate and dividing the proceeds devolves upon a trustee, the trust is an active one.</p> <p>Contracts — Construction—Conflicting provisions — Construction by parties — Trust and trustees — Trust agreement.</p> <p>.2. A contract must be so construed, if possible, as to give effect to all of its provisions.</p> <p>3. An interpretation will not be given to one part of a contract which will annul another part of it or produce absurd results.</p> <p>4. A clear provision in a written contract cannot be overcome by one that is doubtful.</p> <p>5. Where there is a repugnancy, a general provision in a contract must give way to a special one covering the same ground.</p> <p>6. Where several joint owners of real estate execute a deed of trust by which the trustee is given discretionary power to rent and sell the property, and the owners reserve no rights therein, except to share in the proceeds, such power of sale given to the trustee is not defeated by a later clause in the agreement which provides that any dispute among the owners as to “the management of the business” shall be settled by a majority in interest.</p> <p>7. The management of the business of a syndicate owning real estate does not necessarily mean a sale of such real estate, especially where the matter of sale has already been provided for in the same instrument.</p> <p>8. In such case tbe mere fact that tbe trustee had sought the approval of one of the beneficiaries before contracting to sell, is no proof that the parties construed the agreement as requiring the consent of the beneficiaries to a sale of the property.</p>