62 Md. 491 | Md. | 1884
delivered the opinion of the Court.
On the eighth day of September, 1860, John T. Crow and Mary E. Crow, his wife, executed a deed, whereby1
It does not appear that any of the property conveyed was real estate ; it consisted of a leasehold interest in a house and lot in the City of Baltimore, and some household furniture, and three slaves, two 'women and a boy. Although Sarah Owens was named as trustee in the deed, no duties were imposed upon her, and no functions were to he performed by her. She held the dry legal estate, and the only effect of naming her in the deed was to enable her to hold it. The beneficiary, Ida Grow, was the real owner of the property, and the absolute legal estate would have been vested in her by operation of law, whenever, for any purpose, it was necessary that she should have it. The trustee could not hold the legal title as against her, or as against her guardian. As the trustee had no duties to perform, there was no purpose for which the trust could be continued in existence. The object of appointing the trustee was to enable her to receive the legal title to the property from the grantors, and as soon as this object was accomplished, there was no longer any reason for continuing the trust. “ When a trust has been created in personalty, and all the purposes of the trust have ceased, or are at an end, the absolute estate is in the person entitled to the last use.” Denton vs. Denton, 17 Md., 407. Miss Owens having no duties to perform in reference to the property, took no control over it, but it was managed and controlled by John T. Crow, the father, from the time of the execution of the deed until his death. He occupied the house a portion of the time, and for several years he rented it out, and received the rents; he held possession of the slaves until the emancipation in 1864, making use
This bill is filed for an account of the rents, hires and profits of the property embraced in the deed, and of the money collected by Grow in his life-time for the benefit of his daughter. Miss Grow attained the age of 21 years on the seventh day of May, 1878, and the bill was filed on the 13th of April, 1882, within the time of limitation fixed by the statute for proceedings against the estates of deceased persons. Miss Crow being in reality the owner of the property, both at law and equity, and Miss Owens being without title, estate or interest in the property, it is
As Mr. Crow left a surviving widow, the will was not operative against her distributive share of her husband's estate. She died in Decembei’, 1881, and Edmund W. Hubbard became her executor. The bill in this case is filed by Sarah Owens, and Ida Crow in her own right, against Ida Crow, executrix of John T. Crow, and Edmund W. Huhhard, executor of Susan W. Crow. We feel obliged to express our disapproval of a practice which has to some extent prevailed, namely, that of putting the same individual on opposite sides of the record. In this case we see the name of Ida Crow as complainant in her own right, and the same person appears as defendant in her capacity of executrix. It is true the responsibilities of the two capacities are different, but they are sustained by the same individual. It is a solecism in jurisprudence for a party to sue himself. The same will would control both
We are not unmindful that by the statute law, a plaintiff may lay an attachment in his own hands as garnishee, and proceed to condemnation as against a third person. This practice, however, is provided by the legislative will, which has power to authorize any form of proceeding; and in the case mentioned, all inconvenience is obviated by the circumstance that the person claiming the funds attached has a right to intervene and contest the plaintiff’s right of condemnation.
In this case Ida Crow, as executrix of John T. Crow, ought to occupy the position of complainant, and the only defendant should be the executor of Susan W. Crow, deceased. He is the party interested in contesting the claims put forward in the bill of complaint, and he ought to be permitted to do so without being trammelled by being associated with the other defendant who is interested in maintaining them. We shall. reverse the decree and remand the cause.
Decree reversed with costs, and cause remanded.
Robinson, J., dissented.