119 Pa. 439 | Pa. | 1888
Opinion,
The controlling question is, whether upon the facts recited in the case stated, Rollin Wilcox died seized in fee of the land in controversy. If he did, the title thereto passed by his will in 1865 to his three sons, defendants in this ease, and judgment was rightly entered in their favor. On the other hand, if the declaration of trust embodied in the agreement of April 27, 1861, between Rollin Wilcox and his father, gave the former merely an equitable life estate on condition, he had no interest in the land on which the will could operate, and hence, upon his decease, the title vested in possession in his four children as tenants in common, and the plaintiff, representing one of them, was entitled to judgment for the undivided one fourth of the land.
As expressed in the agreement referred to, the consideration for the declaration of trust was the following covenants of Rollin Wilcox, to be kept and performed by himself, “ his heirs, executors, and administrators,” Adz.: “ the said Rollin Wilcox covenants and agrees that the said Sheffield Wilcox,
The trust referred to' is, that the land in question, then owned in fee by Sheffield Wilcox and known as his homestead, “ shall be and the same is hereby declared to be held in trust for said Rollin Wilcox during his life, and for his heirs after his decease, upon the said Rollin Wilcox complying with and fulfilling the ” covenants above quoted. This is not the only provision, as we shall presently see, in regard to the heirs of the life tenant. So far, however, as it relates to the latter, the declaration above quoted creates a trust on condition that the cestui que trust for life, “ his heirs, executors, and administrators,” keep and perform said covenants: 2 Minor’s Inst,, 227, 229. The word “ upon ” is evidently the equivalent of “ on condition that,” etc. The legal title was held by the donor, not solely for the benefit of those in whose favor the trust was declared, but also for his own benefit and protection. If the covenants of the equitable life tenant were not kept,
Applying the test above stated to the facts of this case, it is very clear that no chancellor would have compelled Sheffield Wilcox to convey the land in question to his son Rollin and thus deprive him of the benefit of the legal title which he retained, in part at least, for his own protection.
In addition to the declaration of trust above quoted, the agreement concludes with the following provision, predicated of the fact that Rollin might and probably would survive his father, viz.: “ At the decease of said Sheffield, the said Rollin may continue to occupy and enjoy said property during his natural life.” It happened, however, that Rollin pre-deceased his father. The next and last provision in the agreement is, that at Rollin’s death the land “ shall go and be held by the heirs of said Rollin Wilcox and their assigns forever, in the same manner as if the title had now passed subject to a lien for the performance of the covenants hereinbefore contained.” This, to some extent, qualifies the general declaration of trust first above quoted, and in effect gives a vested remainder in
As we have seen, the interest of Rollin Wilcox was an equitable life estate on condition. The trust as to him was special, not executed nor capable of being executed during his lifetime without the consent of his father; while the remainder to his heirs was executed, and therefore in effect, if not in form, a legal estate. The quality of the estate for life being different from that of the remainder, the two did not coalesce and, under the rule in Shelley’s Case, constitute an estate-tail. It is well settled that the interest limited to the ancestor, and to his heirs, must be of the same quality; that is, both must be legal, or both equitable: 2 Minor’s Inst., 342; Husband’s Trusts, § 284; Steacy v. Rice, 27 Pa. 75, 81; Bacon’s App., 57 Pa. 504, 514. If the trust as to both had been executed, as the learned judge of the Common Pleas held it was, his conclusion would have been correct; but, in that respect, we think he was mistaken.
Judgment reversed; and judgment is now entered on the case stated, in favor of the plaintiff for the undivided one fourth of the land with six cents damages and costs.