Rodrigue's Appeal

Citations

• 1 Monag. 59
• 15 A. 680
• 1888 Pa. LEXIS 723

Syllabus

<p>A testator, by bis will, devised and bequeathed, inter alia, the residue of his real and personal estate to his three daughters, in fee, as tenants in common, share and share alike, with power of sale in the executors. By a codicil, he devised in fee to trustees all the real and personal property to which one of his daughters would be entitled under the will, requiring that the trustees “ apply all the proceeds and profits thereof to her personal use and support and benefit from time to time as she may have need and require when by her demanded in writing for herself and her children, but not to be applied or used otherwise.” The daughter was a widow, and not in contemplation of marriage. A bill was brought to declare the trust a dry trust and for a reconveyance. The daughter died pending the proceedings and her heirs were substituted. Held that a decree for a conveyance should be entered.</p> <p>It seems that such a trust was passive and that the cestui que trust was entitled to a conveyance in her lifetime.</p>