Jones v. Peirce

Citations

• 12 Del. Ch. 266
• 112 A. 368
• 1920 Del. Ch. LEXIS 37

Syllabus

<p>Where the trust created by deed of trust had terminated before the death of the trustee, and the only duty of the trustee then unperformed was that of conveying the legal title to the trust property to the persons entitled thereto, the legal as well as the equitable title was vested in the beneficiaries without conveyance, though if the terms were not disclosed in the conveyance to the trustee a disclaimer by the trustee’s heir would be insufficient, and a conveyance would be ordered by equity.</p> <p>Where the bill of complaint sought a declaration that complainant held a marketable title to property conveyed to trustee, who had fully performed the trust, and asked that the trustee’s devisee be ordered to execute a conveyance, and the devisee filed a disclaimer to the land, so that the only relief which could be granted was the declaration that complainant had the title which was obviously true, the bill will be dismissed at complainant’s cost.</p>