The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-17


cceds Of the Church quarter.
DEFENDANTS counsel strcnuously object 10 any
finding which imposes a trust on Winton As to
the Church interest after the shcrfs sale Of
September s. 1877, by which Winton became the
owner Of this interest. They clam that this
is expressly decided in the case oi thurch vs.
Winton, 1876 Pa IO7, and that Winton held the
Church onc.fourth clear Of all trust | do not
SO understand this decision.
KEYNOTE or DECISION
The keynote to this decision Is the incxcs.
able laches OF Church and the Church heirs, but
this should not conclude the rights of Isaac
Dean and his representatives. Dean has not
been guilty of lachcs. The declaration of 1871 to
| Church was in part for the benefit Of Dean.
II is so written in the instrument. Again, the
claim of Dean on the Church interest is
| presSly recognized and anrmcd by Winton in the
| agreement of September 10. 1871 between Dean
and Winton-an agreement concerning the very
| sherif's sale by which Winton acquired the
| Church interest free, as Is contcndcd, from any
| trust. | know of no reason why this agree
| nent should not be considered as a supplement.
ary trust writing touching the same property,
| and based upon sufficient consideration. 1t was
so considered by winton himself Nor do see
any Inconsistency in holding with the supreme
| court that on account Of laches the Church
| Deans equity should be protected.
| 3. The account OF the administration of the
| trust property by W. W. winton in accord
| ancc with the first finding Of law should cover
| the period beginning with the purchase Of the
| property in 1871, and ending with his DEATH
| to wit: December 30, 1894 The account referred
10 in the second finding of law should cover
| like period. The duty Of stating this account
| devolves primarily upon b. NJ Winton, admin.
| of
| ton. 1t will be necessary for the court through
| itself, or a master, in further hearing OF
| this case TO take evidence from all sources from
| which such evidence may ne obtained as to the
| account mentioned, and as to other account.
| ings herein dccrccd, so that the transactions
| between the parties may he correctly ascertained
| and stated
| 1t is the duty Of the personal representative
OF deceased trustee to account for his anccstor
| Baird's Appeal, W. & s. $50. While the title
| 10 the land dcsccnds TO the heir.atlaw as 4
general rule, the heir as such is not bound to ac.
count, especially in a trust Of the character Of
| the under consideration am sur.
| prised that no application was made TO the
| court TO appoint successor to the trust after
| Winton's death. This may be done in Pcnnsyl.
vsnia. possible explanation is that the ccstuis
| que trustcnt have for some years been receiving
| their share Of the proceeds Of the trust prop.
| crty directly instead of through a trustee or
| other person Of a representative character There
| is some evidence to this effect. II would prob.
| ably saved some complications to have had such
, trustee appointed.
|
NOT A TRUSTEE.
| t. Catherine Winton was not trustee under
| either Of the declarations of trust. the one to
| Isaac Dean, or the one to Joseph Church.
| The plaintiff claims that because in the dec.
| larations Of trust 'W. W. Winton and Cath.
| crime, his wife, do hereby certify and declare
| that they hold in trust the one
| undivided one. fourth" the wife is therefore a
co.trustec with her husband. Catherine winton
| had no title whatever to the trust property. In
the absence Of evidence we might surmise that
| it was thought necessary to have her jon in
the declarations so as to bar her dover But
| this would only be surmise The mere fact
| OF her joining her husband in the execution Of
| the papers is clearly insufficient 10 make her a
trustee There is no evidence that she had
anything TO do with the administration or
management OF the trust property from ls'i
| that sho ioinod bor b,,sh,,d IN tho oon,o,anoo
| of late which l. rro,idoa tor In ,ho 1o,loro,io,
and cxccntinr thn frtbor r,ct that in Issg chs
hoc,r,o r,o,bor 81 ,l,o win,on r.i ca,,,,o,,',
| Jr,itod ou,nira ,bo moiorit, ~ tho s,aoi, .,
which comnanv . LARGO n,rt ~ tlc trrst nrono
| crtv w,s co,yeycd IN rss, uo,;ro no os,a,o
| ha land and p,rti,ipotinc in No yray Co..
many wears, cxccnt as stated in tbo cortro,
| NJ tho nronertv sbo was NOT co.trms,oo ,,i,L
| her husband ConsiderabIa strcss is laid by th,
| nIaintie ,nop tbo rccit,I IN tbo dood q, NJ,
| Gross in which srathcrinc Winton dcscribcs bor.
| self "a "survivipg trustce 4" This dood v,s
made in Januarv 1soi loss than +, month ,ttor
| nor husbands doth 7 con.idor ,bi. rooi,,I .
| ,rieinr Circumstance and NAV have hocn maJc
| hv rho scriycncr as matter NJ proc,n,;or
| Whatever the reason was. tho fact ,hat sbc dc.
| scribod herself IA n "srryiv;n, trnstoo,, Al,
| NOT mako bcr orc In Iaw Tho trust w,s o,o,,od
| nv dcod I, 1877, tor Church and in 1870 Co..
Dean Nothing occurrrod until J,n,rv 1s-7 -
| brinc Catherine wintor irto ,ornontior ,,;th ,so
tr,.t tboroforo canrot .oc,oo on aooo,,n.;nu t0S
hy c,tborino wir,on ,bro,,,,h hor io,,I 80
COM, ,ti,os for ,ho norind o,,..r,no 49, 49,.
I,I, ,S-, a., I,,,., ,so- ,rI W" 'a'e
Ln,,o,I,o 80 49, ,.',,t t,,, tL sue "au
| ~ - o,,.,ia,, t,,t ,,a =; Wv ~ .N'..'s
| . n o"s-;LI...I A.. I ,t a ,'s matte
w W ~ ''' "'N' ""''"s VI ''"'
| PURCHASED AT SHERlFF'S SALE
Catherine Win,op having nrr,basod tbo
| Cburob undecided ono fourth % tbo ,r,., -
ortv at shorig,s sale in Jarnary ,ssZ op -,
| cxccu,ior against bcr busb,rd he h,,.;uos 49,
| chased IL at a sbcrigs ,,Io in Sonton,har e.
| ond tbo did Catboriro Wir,or ha,'ia 80
| -, =. '"7 "''4'S