Johnson v. Provident Trust Co.

Citations

• 280 Pa. 255
• 124 A. 436
• 1924 Pa. LEXIS 504

Syllabus

<p>Trusts and trustees — Parties—Right of all parties in interest to terminate a trust — Vested interests — Divestiture of interests — Contingent interests.</p> <p>1. The rule that all the parties who are or may be interested in trust property may procure its determination, though the trust may not have ceased by expiration of time, and all its purposes may not have been accomplished, applies only where the combined interests of those who are consenting to the determination of the trust are equivalent to an absolute title, which cannot be defeated or divested by the happening of any future event.</p> <p>2. This rule is but a restatement, in a slightly modified form, of the principle that he who has the absolute ownership of a thing, cannot be deprived of any of the legal incidents which are an integral part of that ownership.</p> <p>3. It is not sufficient that only those who have vested interests should consent to the determination of a trust, if these interests may be divested on any stated contingency; in that event those who would take on the happening of that contingency must also consent, or the application will be dismissed.</p> <p>4. Doubted, but not decided, whether unconstitutionality would not result from any other conclusion.</p> <p>5. Harrar’s Est., 244 Pa. 52, explained.</p>