Owens v. Naughton
Superior Court of Pennsylvania
Appeal, No. 122, Oct. T., 1903, by defendants, from decree of C. P. No. 5, Pbila. Co., March T., 1903, No. 1337, on bill in equity in case of W. Creighton Owens v. Bernard X. Naughton and Julia V. Naughton, his Wife. Bill in equity for partition. The facts are stated in the opinion of the Superior Court. Error assigned was in overruling demurrer and entering a decree in favor of plaintiff.
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Appeal, No. 122, Oct. T., 1903, by defendants, from decree of C. P. No. 5, Pbila. Co., March T., 1903, No. 1337, on bill in equity in case of W. Creighton Owens v. Bernard X. Naughton and Julia V. Naughton, his Wife. Bill in equity for partition. The facts are stated in the opinion of the Superior Court. Error assigned was in overruling demurrer and entering a decree in favor of plaintiff. Where land is devised to a trustee to sell and divide the proceeds, the cestui que trust takes no such estate as will be subject to a partition: Hutchison's App., 82 Pa. 509. The trust under the will is not…
1Opinion of the Court
Opinion by
Smith, J.,
The distinction between passive and active trusts is well settled. A trust is passive when the trustee has no duty to perform, or when the trust serves no purpose, or none that would not be equally served without it. An illustration of this is a conveyance to A to the use of B. Here A is charged with no duty, and no purpose is served by investing him with the legal title that would not be equally served by placing the title *641in B. In sucli cases the statute of uses executes the use, by-con verting it into a legal estate in the beneficiary. A trust is active when the…
2Cases cited2 opinions
- Dodson v. BallSupreme Court of Pennsylvania · 1869
- Barnett's AppealSupreme Court of Pennsylvania · 1864
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