Hooper v. Felgner

Citations

• 80 Md. 262
• 30 A. 911
• 1894 Md. LEXIS 135

Syllabus

<p>Duration of Trust Estate — Devise for Life in Trust, with Remainder Over — Trusts of Personal Property — Guardian and Ward.</p> <p>Where real estate is given to trustees and their heirs in trust to pay the net income to one for life, and upon his death in trust for his children and the issue thereof living at his death', absolutely the trust ceases upon the death of the life-tenant, the interest of the cestuis que trust in remainder being then converted into a legal estate.</p> <p>The same rule is applied where the trust embraces personal property, and when all the objects of the trust have been accomplished, the person entitled to the beneficial use is regarded as the absolute owner, and as such is entitled to the possession of the property. Nor will the minority of the cestuis que trust in such case cause the trust to continue until they become sui juris, but the guardians of such infants are entitled to hold the property.</p> <p>Real estate was devised to trustees upon trust to permit the testator’s daughter G. to use the same and to take the net rents, etc., during her life, without power to anticipate the income or encumber the trust estate, and at her decease, upon trust for the children of G. then living and the issue of any then deceased child; in default of children a power of appointment by will was given to G. After the death of the testator, G. died, leaving two daughters, one of whom was under age. Held, that upon the death of G., the life-tenant, the trustees had no longer any active duties to perform, and the legal estate being executed under the Statute of Uses in the two daughters, the trust was at an end.</p> <p>Personal property was bequeathed to trustees upon trust to pay the net income thereof to the testator’s daughter G. for life, without power of anticipation or to encumber the estate, and from her decease upon trust for all the children of G. then living, and the issue of any deceased children. Held, that upon the death of G., leaving two