Reilly v. Conrad

Citations

• 9 Del. Ch. 154
• 78 A. 1080
• 1911 Del. Ch. LEXIS 28

Syllabus

<p>Certain land was conveyed to H. and G. in trust for G.’s wife for life, and after her death for G. for life, and on the death of the survivor then to convey to the child or children of G. and his wife, and the issue of such of them as might be dead leaving issue, on the youngest child attaining twenty-five years of age. Held that, G. having survived his wife and died, the trust terminated, and the title to the property should have been conveyed by the surviving trustee to the children of G. and his wife; they having all reached the age of twenty-five..</p> <p>Certain property was conveyed to H. and G., in trust for G.’s wife for life, and after her death for G. for life, remainder on his death to their child or children, to be conveyed when the youngest child reached twenty-five. The deed also provided that on the death of either of the trustees the survivor might appoint a new one. G., as surviving trustee, by deed appointed his son as co-trustee, and died, having survived his wife. Instead of conveying as trustee, the son in 1904, claiming that no-new trustee had been appointed, and that the legal title had descended to him, subject to the trust, as the eldest male heir of G., asked that he be relieved as trustee, and that C. be appointed to convey the trust property to those entitled. This prayer was granted, and C., as trustee, received from the son a conveyance of only a part of the property, and conveyed to the remaindermen, as tenants in common, such part freed from the trust. The son having died, his undivided interest in the part of the property so conveyed was sold to pay debts, and purchased by complainant, who was one of the remaindermen and had acquired the interests of all the others except the son. Held that, on the death of G., it was the son’s duty, as sole surviving trustee, to convey the property to the remaindermen; they being then of the required age, and, eight years having expired since that time, it would be conclusively presumed in equity