McCormick v. Sypher

Citations

• 238 Pa. 185
• 85 A. 1096
• 1913 Pa. LEXIS 944

Syllabus

<p>Trust and trustees — Deed of trust — Passive trust — Statute of limitations — Rule in Shelley’s case.</p> <p>1. A deed of trust executed by A. and Ms wife B. convoying certain real property belonging to A. to a trustee “in trust for the said B. and the children of the said B. on her body begotten and to be begotten by her husband the said A. their heirs and assigns forever,” under which the trustee has no active duties, vests in the wife a life estate only with remainder in fee to the children, if there is nothing dlse in the deed to in any degree modify the primary and presumptive meaning of the word “children” or to indicate that the children were to take by descent from their mother, as her heirs at law, and not as purchasers from their father. The children take as a class and include those who were born after the date of the deed as well as those bom before. -</p> <p>2. The trust constituted by such a deed is a dry and passive one and the statute of limitations on adverse possession would only begin to run against the children when their right of possession accrued upon the death of their mother.</p>