Kenworthy v. Levi

Citations

• 214 Pa. 235
• 63 A. 690
• 1906 Pa. LEXIS 632

Syllabus

<p>Trusts and trustees — Power to sell — Power to mortgage — Provision against encumbering the estate.</p> <p>Where a deed of trust gives to the trustee the power to “sell and convey in fee simple the whole or any part of the trust estate . . . provided, however, that the principal of the estate shall not become impaired or encumbered,” the trustee has no power to pledge a mortgage belonging to the estate as security for a loan; and if he does so and embezzles the proceeds, the pledgee of the mortgage will be compelled to reassign it to the trust estate. Lancaster v. Dolan, 1 Rawle, 231, distinguished.</p>