Stewart v. Madden

Citations

• 153 Pa. 445
• 25 A. 803
• 1893 Pa. LEXIS 1125

Syllabus

<p>[Marked to be reported.]</p> <p>Trusts and trustees — Discretion for benefit of cestui que trust.</p> <p>When a trust created by deed of the cestui que trust for her own benefit gives discretionary power to the trustee to apply so much of the principal of the trust estate for the benefit of the cestui que trust as he shall deem necessary, the discretion in the trustee is a legal discretion which might, on presentation of a proper case, be constrained for the benefit of the cestui que trust: Erisman v. Directors., 47 Pa. 509, followed.</p> <p>Liability for debts — Particular terms of trust.</p> <p>The creator of a trust conveyed her legal title to a trustee, reserving (1) the income, (2) the right to call on the principal in case of necessity, and (3) absolute testamentary power of disposition of the residue. By tlie terms of the conveyance the whole estate could have been exhausted for her benefit in her lifetime or bequeathed by her to a stranger ; and, therefore, there is no reason why it should not be liable for her debts. Where the orphans’ court orders a sale for the payment of her debts, it will be presumed they were for necessaries, and that her husband was unable to pay them.</p> <p>Finality of decree of orphans’ court — Estoppel—Ejectment.</p> <p>The orphans’ court having decreed and confirmed a sale of the land for payment of the debts of the cestui que trust, and plaintiff’s grantor having had his day in court, plaintiff is thereby estopped in an action of ejectment from claiming title to the land, thirty years afterward, as against defendant, the purchaser at the sale: Grindrod’s Est., 140 Pa. 161, applied.</p>