In re Estate of DuPlaine

Citations

• 185 Pa. 332
• 39 A. 947
• 1898 Pa. LEXIS 714

Syllabus

<p>Trusts and trustees — Joint and several trust — Devastavit—Mortgage to protect one cestui que trust will inure to all.</p> <p>Whenever one person is placed in such relations to another, by the act or consent of that other, or the act of a third person, or of the law, that he becomes interested for him, or interested with him, in any subject of property or business, he is prohibited from acquiring rights in that subject antagonistic to the person with whose interest he has become associated.</p> <p>Where a mother gives all her residuary estate to a trustee to pay one half of the income to a son, and one half of the income to a daughter, she does not give one hal f of the principal to be held for each, but gives it to be held jointly in trust forboth. In such a case if the brother learns that the trustee is embarrassed financially, and secures from him a mortgage on his property, to protect the brother, without informing his sister, the sister will.be entitled, in case of a devastavit, to share in the benefit of the mortgage.</p>