35 Vt. 28 | Vt. | 1861
This is an action of trover for a colt, one yearling and two two-years-old cattle, and one lamb, attached by the defendant as an officer on writs in his hands against one «George E. Sias, and subsequently sold on the executions issued on the judgments rendered against said George in said suits.
It appears that this stock was raised on a farm in Danville which was owned by Judge Samuel Sias, the grandfather of said George ; and there can be no doubt that Judge Sias, under the contract between him and George, was the legal owner of the stock and other property on the farm at the time of his decease in December, 1857. By his will, which was duly proved, he devised and bequeathed to the plaintiffs the said farm, stock, and other property to be by them held in trust for the said George and his wife and children during the natural life of the said George and his wife, and, at their decease, to be divided equally between their children, with authority to permit the said George “ to have the management and control of said trust .property at any time, and 'so long, as from his habits for industry, frugality, temperance, economy, and strict attention to his home and family, they should think it safe and prudent so to do.” It also appears that George had lived on said farm for several years previous to the decease of his grandfather, and that he was destitute of property, and somewhat shiftless and improvident; and the purpose of this testamentary provision manifestly was to keep the title of this property in the hands of the trustees, leaving it to their discretion how far and when to trust George with it. The property which was attached by the defendant was all raised from stock on the farm at the time of the testator’s death, and the legal title to it passed to the plaintiffs as trustees under the provisions of his will. The said George comes into his connection with this property only through these trustees, and he is one, but not the only one, of the cestuis que trust for whose benefit the testator made this provision.
It is claimed on the part of the defendant that the trustees having suffered the property to remain in the possession and under the control and management of George, the trust became so far executed as to divest them of their legal title to the property, and to make the products of the farm and the increase and growth of the stock his absolute property. It was undoubtedly
The ease of Trask v. Donoghue, 1 Aik. 370, is cited by the defendant as an authority which is decisive in favor of his defence in this suit. In that case, it was held that if real and personal estate be devised to trustees to the use of a cestui que trust during his life, and the trustees put him in possession and
The judgment of the county court in favor of the plaintiffs is affirmed.