30 Minn. 165 | Minn. | 1883
The plaintiff claims, by virtue of an execution sale against one Charles Adsit, to have acquired an estate for his
It is the doctrine of some of the cases, where the devise is to trustees in trust to secure the beneficial enjoyment of an estate to several persons in succession, as to some of which active trusts are created and others not, that the legal estate must be deemed to be in the trustees from the beginning. Hill on Trustees, *242; Harton v. Harton, 7 Term. Rep. 648; 1 Perry on Trusts, § 309. This construction was probably justified by the peculiar circumstances of special cases in order to protect and secure the several beneficial interests in succession, especially in the case of married women, and to avoid the construction of a repetition of the legal estate in the trustees. Hawkins v. Luscombe, 2 Swanston, 375, 391. As respects the facts of the case at bar, however, the trust must be deemed executed in Adsit for the term. As to whether any active trusts are created by the will requiring the legal estate in the remainder to be executed in the trustees after the expiration of the life estate of the cestuis que trust in this land, we need not inquire. The construction declaring the legal estate vested in Charles Adsit for life, satisfies the statute of uses, and also the general rule that the interests of the trustees cannot be broader than the duties imposed. Tucker v. Johnson, 16 Simons, 341; Heardson v. Williamson, 1 Keene, 33; Richardson v. Stodder, supra; Foster v. Wetherill, 11 Phila. 172, 177-8; Williams v. Waters, 14 M. & W. 166.
It will be observed that there are no qualifications or conditions limiting the beneficial interest secured to Adsit under the will. It does not depend upon the discretion of the trustees. No act or duty in respect to it is required on their part. He is not required to reside on the land, nor restrained from selling or incumbering his interest. He is entitled to the whole beneficial interest in the land for the term devised, and subject to no right of interference or revocation by the trustees. Earl v. Rowe, 35 Me. 414. The terms “use and occupy” are not here to be interpreted in the narrow sense of personal occupation, but as entitling the beneficiary to the whole estate for life; “for a license to occupy an estate foí a particular time
It is not pretended that the defendant has acquired any interest in the land. The court simply finds “that he has resided on the premises with said Charles Adsit, and worked the 80-acre tract in controversy under the leave and authority of Adsit.” It seems clear, therefore, that the plaintiffs are entitled to recover.
Judgment reversed.