Seif v. Krebs

Citations

• 239 Pa. 423
• 86 A. 872
• 1913 Pa. LEXIS 584

Syllabus

<p>Trusts and trustees — Use of trust property — Power of sale— Marketable title.</p> <p>1. A trustee has no power to sell trust property unless such power is conferred upon him by the instrument creating the trust, either by express words or by necessary implication. Land dedicated to the service of charity and religion is practically inalienable. The power to sell such land and apply the proceeds to the same uses is exercised in this State under the Act of April 18, 1853, P. L. 503.</p> <p>2. Where testator gave certain property by will to trustees to establish a hospital, further providing, “the trustees named in the eleventh paragraph of this my will shall be free to make such use of all moneys and other property of every description coming from my estate as will, in the judgment of the majority of them, best and most effectually carry out my wishes in relation to the establishment and maintenance of this hospital,” there is no necessary implication of any power of sale in the trustees; they cannot, therefore, sell a farm which had been left them under the clause above quoted, in order to use the proceeds in building the hospital. To make use of real estate does not mean to sell it.</p> <p>3. In any event the trustees could not convey a marketable title without application to the court and, therefore, upon a case stated by the trustees against a purchaser to determine whether such marketable title could be conveyed, judgment was correctly entered for the defendant for the amount of earnest money paid by him.</p>