Numsen v. Lyon

Citations

• 87 Md. 31
• 39 A. 533
• 1898 Md. LEXIS 116

Syllabus

<p>Bill for Partition or Sale—Necessary Parties— Title of Purchaser— Deed of Trust Creating Equitable Life Estate with Contingent Remainders— Termination of Trust Estate.</p> <p>When a person seized of an undivided interest in land conveys his property to a trustee for the use of the grantor for life with a power of disposition by will or deed annexed, and there are contingent legal remainders to his descendants or right heirs, the grantor has merely an equitable life estate. In such case when a bill for the sale of the property for the purpose of partition is filed by the other owners, it is necessary that the trustee under the deed of trust and the descendants of the grantor then living be made parties in order to divest their interest.</p> <p>When property is conveyed to a trustee to permit the grantor to take the profits during life and at her death for the use of her descendants then living, or in default thereof, for the use of her right heirs, then, upon the death of the grantor, the trust is at an end and the egal estate is vested in the remaindermen.</p> <p>The owner of a tract of land died intestate, leaving a widow and four children who became seized of undivided interests in the same. The widow conveyed all of her property to R., upon certain trusts. Afterwards Caroline, one of the children conveyed her property to the same trustee, R., in trust, to permit her to take the profits, &c., during her life, and at her death for the use of her descendants then living, and in default of such, to her right heirs, with power to the grantor to devise the property or to convey the same, jointly with the trustee. Subsequently a bill was filed for a sale of the land for the purpose of partition. The parties to the suit were the widow and the children of the deceased owner and R., as trustee under the deed from the widow, but he was not a party as trustee under the deed from Caroline, nor were the children of Caroline then living made parties. Upon a sale of the land