Keely v. Weir

Citations

• 38 F. 291
• 1889 U.S. App. LEXIS 2130

Syllabus

<p>1. Judgment — Res Judicata — Parties and Privies — Tax-Sale.</p> <p>If one who claims to be the beneficiary of a resulting trust in land, which has been purchased by a trustee in her own name, he not made a party to a hill tiled by the devisees of the trustee to impeach the validity of a tax-sále, as against the purchaser of the tax-title, she is nevertheless hound by a decree in favor of the tax purchaser, because she is in privity with the trustee, or those upon whom the legal title has devolved, as they may file the hill in her behalf without making her a'party in form, especially where her interest does not appear except by construction, and is only a secret trust, and more especially where the title impeached is a tax-sale upon an assessment against the ostensible owners.</p> <p>2. Trusts — Resulting Trust — Wills—Discretionary Powers — Life-Tenant as Trustee.</p> <p>Where a father’s will left the property to his wife during widowhood for the purpose of educating the children, and to give to each his portion on marriage or coming of age, and with powers of management and sale, if the widow sell a part of the property, and purchase other land in her own name, no trust in that land results in favor of one of the children who has been by the mother’s will denied all share in it, upon a bare allegation that the purchase money was a part of the money realized by the sale of the father’s land. In such a case the discretionary powers of the trustee, and the nature of the trust, are such that it cannot appear without a settlement of the entire trust that any part of the purchase money belonged to the cross-plaintifE setting up a resulting trust; and if the proper construction of the will be that the widow took a life-estate, with remainder over to the children, the result is more certainly the same, for-the life-tenant is entitled to all uses, benefits, and profits, and the remainder-men only to the original corpus, their onty equity being to secure and preserve tha