Smilie v. Biffle
Supreme Court of Pennsylvania
Error, to the Common Pleas of Fayette county. John Smilie died about 1813, having made a will whereby he devised the premises in question to Lane, Griffin, and Houston, and to their use in fee, in trust to receive, &c., for the separate use of Jane Craig, his daughter, for life, then a feme covert, with a power to sell during her life, at discretion ; and in case a sale was made, to divide the proceeds at her death, as the land was devised in case no sale was made, which was…
Read the full summary
Error, to the Common Pleas of Fayette county. John Smilie died about 1813, having made a will whereby he devised the premises in question to Lane, Griffin, and Houston, and to their use in fee, in trust to receive, &c., for the separate use of Jane Craig, his daughter, for life, then a feme covert, with a power to sell during her life, at discretion ; and in case a sale was made, to divide the proceeds at her death, as the land was devised in case no sale was made, which was after the death of Jane, to sell the same and pay it in certain proportions among bis grandchildren. Plaintiff was a…
1Opinion of the CourtRogers, J.
— An opinion was formerly pretty generally entertained, that trust estates were not within the statute of limitations. But in Llewellen v. Mackworth, Lord Hardwicke observes, The rule in a court of equity, that the statute of limitations does not bar a trust *53estate, holds only as between cestui que trust and trustee, not between cestui que trust and trustee on the one side, and a stranger on the other; for that would, be, to make the statute of no force at all, because there is hardly an estate in the kingdom without such trust; and so the act would never take place. Therefore, where cestui…
2Cited by5 opinions
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Shelley's EstateSupreme Court of Pennsylvania · 1926
- Jones v. StateIdaho Supreme Court · 1967
- McCullough v. SeitzSuperior Court of Pennsylvania · 1905
- Klein's EstatePennsylvania Orphans' Court, Berks County · 1934