21 Pa. 72 | Pa. | 1853
The opinion of the Court was delivered-, by
— George Blight devised certain real estate to his
We are all of opinion very clearly that the demurrer must be sustained. After the death of Mrs. ■ Rush, the purposes of the trust were satisfied, and the legal estate vested in the cestui que use by the mere force of the statute. If it had not been made the duty of the trustee to receive and pay over the profits to the first taker of the beneficial interest, they never would have had an estate in it. This reason ceased at her death, and so did the estate. It makes no difference that the estate was devised to the trustees with words which import a fee. The Statute of Uses would be nullified by a rule of construction like that contended for by the plaintiff. The doctrine of the defendant accords with the weight of the authorities, English and American.
There being no necessity for any conveyance, because the legal title is alread}r vested in the plaintiff, this bill is to be dismissed at the costs of the plaintiff.
Decree accordingly.