51 Conn. 521 | Conn. | 1884
Horace Wadsworth in his will made this provision for his daughter: — “I give, devise and bequeath to my beloved daughter, Ella Wadsworth, the use and improvement during the period of her natural life
The case turns upon the effect to be given to the deed from the other heirs to Ella. The plaintiff claims that this deed when it was given was inoperative, for the reason that the releasors at that time had no interest in the property on which it could operate; that until the death of Ella their interest was a mere expectancy that could not be conveyed.
The test question in the case is, in whom did the title to the property vest on-the death of Horace Wadsworth? It did not vest in Ella alone, because the will in terms gives her nothing but the use and improvement of it. It did not vest iu her children, because none such ever came into existence. As the will did not provide for that contingency, the fee, or the remainder after the termination of the life estate, was undisposed of by the will. It was therefore intestate estate, and vested in the heirs at law, subject of course to be divested on the birth of children.
The estate was conditional, depending however upon a condition subsequent, which did not prevent its vesting.
But it is said that the legal title to the personal property of a deceased person vests at once in the executor or administrator. Generally that is true, but he is a mere agent or trustee for creditors, heirs or legatees. He has a naked title with no beneficial interest. His title will always prevail against strangers. Before distribution, especially when wanted for the payment of debts or legacies, it will prevail against the heirs. But when not wanted for the payment of debts, and it has been appropriated where it rightfully belongs, the naked legal title of the representative of a deceased person is not sufficient in equity against one who has the equitable title accompanied with the rightful possession.
Horace Wadsworth died in 1860. It is found that his estate “was fully settled; all debts and charges'were paid, and distribution was had.” There are therefore no debts of Horace Wadsworth to be paid now. The only purpose for which the plaintiff can recover is to distribute it among the heirs. But the heirs have already had the property and have made a disposition of it, and the defendant holds under them. Now, whatever infirmity there may be in this as a legal defense, it is clearly a good defense in equity; and the defendant claims equitable as well as legal relief. The heirs have once received and disposed of the identical property which the plaintiff seeks to recover in this action. Why should he recover it of the purchaser and restore it again to the heirs ? There is neither reason nor justice in the claim.
There is no error in the judgment complained of.
In this opinion the other judges concurred.