Briggs v. Davis

• Decision Date: 01 November 1875
• Parties: Briggs <I>versus</I> Davis.
• Court: Pennsylvania Supreme Court

81 Pa. 470

Briggs versus Davis.

Supreme Court of Pennsylvania.

November __, 1875.

November, 1875.

NOVEMBER __, 1875.

Before AGNEW, C. J., SHARSWOOD, WILLIAMS, MERCUR, GORDON, PAXSON, and WOODWARD, JJ.

Error to the Court of Common Pleas, No. 2, of Allegheny County, No. 279, to October and November Term, 1875.

COPYRIGHT MATERIAL OMITTED

G. Shiras, Jr. The devise of the profits is a devise of the corpus of the estate: Shriver v. Cobeau, 4 Watts, 130; Hellman v. Hellman, 4 Rawle, 444. There was no trust under the seventh clause of the will: Yarnall's Appeal, 20 P. F. Smith, 336; Ogden's Appeal, Id., 501. If there were, it would be inoperative as creating a perpetuity.

J. M. Stoner, for defendant in error. The will imposes active duties, as to the coal property, on his executors as trustees: Sheets's Estate, 2 P. F. Smith, 266. The trust, therefore, if otherwise valid, will be supported: Bacon's Appeal, 7 P. F. Smith, 504; Rife v. Geyer, 9 Id., 396; Earp's Appeal, 25 Id., 119. The words "children" and "heirs" are used interchangeably. The trust is limited to the lives of his seven children and the survivor. The coal lands shall be kept, until worked out, for the use of his children; not sold or divided, but worked for the use and benefit of his heirs.

Judgment was entered in the Supreme Court, November, 1875.

PER CURIAM:

Under the will of Thomas W. Briggs, his son, Thomas A. Briggs, took only a life estate in the profits of the coal land. The executors were made trustees to manage and work the coal in the land during the lifetime of his children, and to divide the profits among them equally. This was an active trust. If any of the children died, leaving lawful children, they should have the father's and mother's share, but if any of the children died without lawful children, their shares should go in equal parts to the survivors and the children of the deceased children. This was not a perpetuity, because the trust was to last only until the death of the last survivor. The children of those deceased could then take the fee, if any coal remained.

Judgment affirmed.