60 Pa. 492 | Pa. | 1869
The opinion of the court was delivered,
by
Two opposite,’ principles underlie the doctrine of trusts, private dominion and public policy. Each has predominated, as the judicial mind has inclined to the one or to the other. The right to control the disposal of property is fundamental; and yet this right must be regulated so as not to conflict with high public interests. In this state the current set in strongly in favor of the former in Lancaster v. Dolan, 1 Rawle 281; wherein Chief Justice Gibson defended with great force the donor’s right to control his gift in behalf of a married woman. That case was followed by many on that side, and among them are Fisher v. Taylor, 2 Rawle 33; Pullen v. Reinhard, 1 Whart. 520; Thomas v. Folwell, 2 Id. 11; Smith v. Starr, 3 Id. 62; Dorrance v. Scott, Id. 309; Holdship v. Patterson, 7 Watts 547; Wallace v. Coston, 9 Id. 137; Cochran v. O’Hern, 4 W. & S. 95; Ashhurst v. Given, 5 Id. 323; Rogers v. Smith, 4 Barr 93; Eyrick v. Hetrick, 1 Harris 491. The current, checked by Harrison v. Brolaskey, 8 Harris 299, was turned in the opposite direction by Kuhn v. Newman, 2 Casey 227, and ran then violently in favor of the policy of striking down trusts. That case was followed in the same direction by Whichcote v. Lyle, 4 Casey 73; Williams v. Leech, Id. 89; Price v. Taylor, Id. 95; Bush’s Appeal, 9 Id. 85; Naglee’s Appeal, Id. 89; McKee v. McKinley, Id. 92; and Kay v. Scates, 1 Wright 31. This counter-current received a check in Guthrie’s Appeal, 1 Wright 9, which overthrew Williams v. Leech, and strongly denied some of the positions of Price v. Taylor, Naglee’s Appeal, and McKee v. McKinley. In Guthrie’s Appeal, Woodward, J., who before had been overborne by numbers, after a graceful compliment to
In view of these principles, let us examine the trust in this-.case. Its principal features are these: Harriet S. Ball, the grantor as well as the cestui que trust in the deed, was the absolute owner of the property. She was a feme sole, without a marriage then in prospect. The coverture which took place two and a half years afterward, had ceased by the death of her husband. The only useful purpose visible in the deed was the preservation of her property to her sole use, during a coverture that might take place (it being before the Act of 1848), and its transmission, by will or descent, if she died during coverture. The trust is purely passive, requiring no active duty except conversion for her benefit and advantage. That and the ulterior trusts are in point of fact immaterial and useless after coverture has ceased. There being no marriage in contemplation, and the subsequent coverture being ended by the death of Mrs. Dodson’s husband, the trust .must fall and the legal estate be executed in her, unless it is necessary to support it as an independent provision for children or others who can claim hereafter as purchasers under the deed. The only ground even for a question on this point, grows out of the primary limitation to herself for life. If upon that she has engrafted a remainder to vest the estate in certain persons as purchasers by description, and not as heirs, it raises the question, whether she has lost the control of her own property by such a provision, without a marriage in view or one now in existence. If the trust, as expressed, does not in fact break the course of descent, there seems to be no good reason to interpret it so as to divest her of her control of her own property, and the trust should fall.
The rule laid down is, that when an estate for life only is given, followed by a general power of appointment, and on failure to appoint, to children or to special heirs, the power to appoint will not enlarge the estate of the cestui que trust to a fee, and on a failure to appoint, the children or special donees in remainder take by purchase from the donor, and not by way of limitation as heirs of the cestui que trust: 4 Kent’s Com. 663; Smith v. Starr, 3 Whart. 66; Anderson v. Dawson, 15 Vesey, Jr. 532; Grirard Life Insurance and Trust Co. v. Chambers, 10 Wright 490. A limitation to heirs on a failure to appoint, unquestionably enlarges a life estate to a fee by the union of estates: Ralston v. Waln, 8 Wright 279; Physick’s Appeal, 14 Id. 128; Nice’s Appeal, Id.
In Anderson v. Dawson, 15 Ves., Jr. 532, it was held that a settlement by a feme sole in contemplation of marriage, to herself for life, with a general power of appointment by will, and on failure to appoint, then in trust for her next of kin, their executors, administrators and assigns, according to the Statute of Distributions, did not vest her with the absolute property in the fund, the next of kin taking by purchase. But Sir William Grant, Master of the Rolls, evidently considering it a mere question of interpretation, took the distinction between a limitation to the executors and administrators and a limitation to the next of kin, the former as to personal property, giving to the limitation the same effect as a limitation to the right heirs in regard to real estate; and the latter resembling a limitation to particular heirs. This distinction is recognised by Judge Story, in his work on Equity, vol. 2, § 1394. The distinction was followed and applied in both ways in Ralston v. Wain, 8 Wright 279, where there were two deeds, and so clearly was it considered a question of interpretation only, the terms “ legal representatives” were held to mean in one deed the next of kin, while in the other they meant executors and administrators ; in one case giving to the cestui que trust a life estate only, and in the other enlarging it to an absolute estate. Then came The Girard Life Ins. and Trust Co. v. Chambers, 10 Wright 486, which was the case of an active trust of personal property for a son for life, where it was held that a trust in default of appointment “ to such person or" persons for such estates and in such shares as by the laws of the state of Pennsylvania would be entitled to the same, as if the said S. E. W. had died intestate and seised and possessed thereof,” meant the next of kin. B.ut there a manifest intent appeared from the active
So far, it may be said, therefore, the authority of these cases is • overturned. But the cases still are authority for this, that whenever the terms of the limitation can be fairly and justly interpreted to mean “heirs” or “heirs of the body,” an estate of inheritance will be presumed to have been intended by the testator. And in Guthrie’s Appeal, p. 14, it is admitted, that the words “children” and “issue” may be interpreted to mean heirs of the body when this is the evident intent of the testator. The decisions in all the eases show the undoubted tendency of the judicial mind in this state to follow the true intention of the donor, and whenever he means to limit an estate to the heirs of the life tenant, no matter how his intent is expressed, an estate of inheritance will vest in the tenant for life'; but when he intends his bounty to vest in certain persons, though they may be the same as the heirs at law, the life estate will not be enlarged; and a power of appointment, whether general or special, will not change this rule. Then how does this case stand ? The ultimate limitation was to “ such person or persons as would be entitled to the same if the said Harriet S. Ball had died intestate seised of the said premises in fee simple, and in such manner and for such quantity of estate as such person or persons would in such case, be entitled to by law.” The words are exactly commensurate with the law of descent,- and operate precisely with it; the persons intended are none others than the heirs at law and all the heirs; the root of succession is the same; they are to take from her as though she died seised in fee simple; the persons are the same; they are to be those who would take at law as though she died intéstate. Their estates are to be the same. They are to take for such quantity of estate as they would be entitled to at law, and they are to take as heirs; for they are to take in such manner as they would in such case be entitled to by law. It
The decree reversed, and a decree to be drawn up, submitted and filed.