Rabb v. Flenniken

Citations

• 29 S.C. 278
• 7 S.E. 597
• 1888 S.C. LEXIS 148

Syllabus

<p>I. A tract of laud was settled by deed in 1867 upon a trustee in trust for the sole, separate, and exclusive use of his wife for life, with remainder to such of her issue as might be living at her death, with power to the trustee to make changes of investment of the trust property on the written request of the wife, and to hold such substituted property subject to the same trusts. Upon such written request, the trustee in 1877 sold the land so settled, receiving in payment a debt due by himself individually to the purchaser, family supplies, and some cash. In action instituted by the wife in 1884 against this purchaser and the trustee, held, that a sale other than for reinvestment was a breach of trust, and as the purchaser knew of this breach of trust, the sale to him was void.</p> <p>2. The contingent remaindermen having been joined as parties plaintiffs to this action, held, that they were prematurely before the court.</p>