Kidwell v. Godfrey

• Decision Date: 29 March 1902
• Citation: 14 Haw. 138
• Parties: JOHN KIDWELL v. FRANK GODFREY.
• Court: Hawaii Supreme Court

14 Haw. 138

JOHN KIDWELL

v.FRANK GODFREY.

Supreme Court of the Territory of Hawai‘i.

SUBMITTED MARCH 4, 1902.

DECIDED MARCH 29, 1902.

APPEAL FROM CIRCUIT JUDGE, FIRST CIRCUIT.

Syllabus by the Court

If the purpose of a trust is to keep and preserve the estate for a time subject to such directions as the grantor may give, one of which directions may be to convey to another, such trust is not within the operation of the Statute of Uses, assuming such statute to be in force in this Territory. A duty is imposed on the trustee to convey, if requested, and to otherwise do as directed, and the full performance of the duty makes it necessary that the legal title should be in him.

In such a case, equity has jurisdiction to compel the trustee to convey the legal title to the cestui que trust upon request and to enjoin an action at law to quiet title instituted under the statute by the respondent against the complainant prior to the filing of the bill.

Robertson & Wilder for complainant.

Fitch & Thompson for the respondent.

FREAR, C.J., GALBRAITH AND PERRY, JJ.

OPINION OF THE COURT BY PERRY, J.

Bill in equity with prayer that an action at law be restrained, that respondent be declared a trustee for the complainant of certain land and that he be ordered to execute and deliver a deed conveying his legal title to said land to the complainant. The facts, as alleged, are as follows: The land of Wailele, situate at Manoa, Oahu, was demised by its former owner, Theophilus Metcalf, to his son Frank for life and upon his death to his lawfully begotten children. Frank Metcalf died on March 9, 1900, leaving surviving him his lawfully begotten children, Emma and Thomas. On October 3, 1895, Emma executed a deed conveying her interest in said land to Paul Neumann in trust to “keep and preserve for the benefit of said grantor subject to such further instructions which the grantor may give to said trustee in writing duly acknowledged.” On March 8, 1899, Emma quitclaimed all her right, title and interest in Wailele to complainant for the consideration of $400.00, but no conveyance was obtained by Kidwell from the trustee. Subsequently Thomas Metcalf by a deed executed during his minority and also by a confirmatory deed executed after he attained his majority, conveyed to complainant all his right, title and interest in the land. Paul Neumann died on or about July 2, 1901, and one Alice Metcalf was thereafter, by decree of court, made his successor in the trust created by the deed. On January 9, 1902, a deed was executed by Alice Metcalf as such trustee, purporting to act under the authority and direction of Emma expressed in writing duly acknowledged, and by Alice as attorney-in-fact for Emma, conveying to the respondent “all my right, title and interest, consisting of an undivided one-half,” in the land of Wailele. Godfrey then instituted at law an action to quiet title, against Kidwell, alleging substantially the foregoing facts and claiming to be entitled to an undivided one-half of the land in fee simple. Respondent demurred to the bill on the ground that it does not state facts sufficient to constitute a cause of action and the Circuit Judge sustained the demurrer and dismissed the bill on the ground that the complainant has a plain, speedy and adequate remedy at law. From that ruling this appeal is taken.

Respondent's contention is, (a) that the trust created by the deed was a dry trust, that by the operation of the Statute of Uses the legal title became at once vested in Emma and that therefore Kidwell may defend the action at law by showing that the legal title is in himself; (b) that Kidwell may set up an equitable estoppel as a...