Lines v. Lines
Decision Date | 04 May 1891 |
Docket Number | 351 |
Parties | J. P. LINES v. W. E. LINES ET AL |
Court | Pennsylvania Supreme Court |
Argued March 12, 1891
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY.
No. 351 January Term 1891, Sup. Ct.; court below, No. 2 October Term 1890, C.P. in Equity.
On August 21, 1890, Jane P. Lines filed a bill in equity against William E. Lines, the Union Trust Company of New York, and others, averring that certain deeds of trust made by Jesse Lines, deceased, to William E. Lines and the Union Trust Company, respectively, wherein various persons named as defendants were designated as beneficiaries, were of a testamentary character, and were made with the express intent and purpose of defrauding the plaintiff, the wife of said Jesse Lines, of her lawful share of his estate as his widow in case she survived him; that Jesse Lines died, testate, on July 22, 1890, and that on July 26th the plaintiff made her election not to take under his will but under the intestate law; praying for a decree that said trust deeds were testamentary and the assets therein mentioned continued to be the property of Jesse Lines, and on his death vested in his executors; for a decree that said trust deeds were null and void as against the plaintiff; for a decree that said assets be delivered to said executors for administration; for an injunction to restrain transfers thereof; and for general relief.
The bill was taken pro confesso against the Union Trust Company. The other defendants having answered and issue having been joined, Mr. William C. Shipman was appointed examiner and master.
On January 19, 1891, the master reported, finding, inter alia the following facts:
Jesse Lines died at his domicile in the city of Easton on July 22 1890, in the 82d year of his age, leaving to survive him his widow, the plaintiff, but no legitimate children. William E. Lines, one of the defendants, was his putative son. The decedent left a will dated February 4, 1880, with two codicils, dated December 22, 1882, and June 24, 1885, respectively. The will and codicils were duly admitted to probate on July 26, 1890, by the register of wills of Northampton county, who, the same day, granted letters testamentary thereon to William E. Lines and four other persons, named therein as executors. Three of the executors were afterwards discharged by the Orphans' Court on their own petition. By the terms of the will, the widow was to receive $750 annually for life, to be increased to $1,000 annually, if in the judgment of the executors the latter amount should be necessary for her support; and also, the testator's furniture, for life. William E. Lines and certain other persons, defendants in this case, and nephews and nieces of the testator, were made residuary legatees, William E. Lines to receive one half of the residuary estate, and the other half to go to said nephews and nieces. On July 26, 1890, the plaintiff filed her election not to take under the terms of the will, and several days later notified the executors thereof.
On May 30, 1883, Jesse Lines had executed and delivered to John Brown a deed of trust, and on December 14, 1886, executed and delivered a supplement thereto. The trust thus created embraced the stocks and bonds in controversy in this proceeding, and was for the benefit of William E. Lines and the nephews and nieces aforesaid, its terms and provisions being substantially to the same effect as those of the deeds now in question. Early in 1887, however, John Brown renounced the trust.
On May 6, 1887, in the city of New York, Jesse Lines executed and delivered to the Union Trust Company of New York a deed transferring to the trust company certain corporate stocks and bonds of the aggregate amount of $146,100, upon trusts specified in the deed as follows:
Appended to the deed was a supplemental agreement, providing that the charges of the trustee for collecting and disbursing income should be two per cent thereof, "and on transferring the principal, the legal commission allowed to executors and administrators for receiving and paying out money."
The securities mentioned in this deed were delivered to the trustee in the city and state of New York. In that state a married woman has no claim and possesses no title or interest in her husband's personal estate during his lifetime, and she has no right or privilege of taking his personal estate against his last will and testament. The master could not find as a fact that Jesse Lines carried said securities out of the commonwealth of Pennsylvania, to bring them under the operation of the laws of the state of New York. They were still in the possession of the trust company at the death of Jesse Lines. One half of them were transferred afterward to the beneficiaries named in the deed of trust, and the remaining one half remained in the possession of said company, which was restrained by an injunction of the proper court in the state of New York from transferring the said remainder to said beneficiaries.
On June 22, 1887, Jesse Lines executed and delivered to William E. Lines a deed of trust of certain other stocks and bonds, upon trusts declared as follows:
To continue reading
Request your trial-
Union Trust Co. v. Hawkins
...The Pennsylvania courts have followed the same course in Dickerson's Appeal, 115 Pa. 198, 8 A. 64,2 Am. St. Rep. 547, and Lines v. Lines, 142 Pa. 149, 21 A. 809,24 Am. St. Rep. 487, although in the former case it was held that a gift in trust must be sufficient to pass the title. The case o......
-
Henderson's Estate, In re
...are not thereby constituted mere expectancies but are present vested interests. 6 Dickerson's Appeal, 115 Pa. 198, 8 A. 64; Lines v. Lines, 142 Pa. 149, 21 A. 809; In re Dolan's Estate, 279 Pa. 582, 124 A. 176, 49 A.L.R. 858; In re Shapley's Deed of Trust, 353 Pa. 499, 46 A.2d 227, 164 A.L.......
-
Allen v. Hendrick
... ... Herring, 140 N.C. 495, 53 S.E. 303, ... 6 Ann. Cas. 188; Dickerson's Appeal, 115 Pa. 198, 8 A ... 64, 2 Am. St. Rep. 547; Lines v. Lines, 142 Pa. 149, ... 21 A. 809, 24 Am. St. Rep. 487. If, in the instant case, a ... trust was created, it will be seen from an ... ...
-
Beirne v. Continental-Equitable Trust Co.
...that the settlor could have revoked the trusts at any time is a matter of no moment, since he did not in fact revoke them. Lines v. Lines, 142 Pa. 149, 21 A. 809, 24 Am. St. Rep. 487; Windolph v. Girard Trust Co., 245 Pa. 349, 368, 91 A. 634; Dolan's Estate, 279 Pa. 582, 590, 124 A. 176, 49......