Denton's Guardians v. Denton's Executors

Bartol, J., delivered the opinion of this court. This action was instituted by the appellants, to recover hire for certain negro slaves, alleged to be the property of Delia Denton, and to have been used and employed by the defendants’ testator, for his own benefit, from the year 1846 to the year 1856. The proof shows that the slaves in question belonged, before her marriage, to Charlotte A. Denton, the wife of the defendants’ testator, and mother of Delia Denton, the ward of the plaintiffs, and were conveyed by the ante-nuptial deed or settlement, executed by James D. Denton and wife, on the 13th day of July 1838, (for which see ante 404.) The only exception taken below, was to the refusal of the circuit court to allow the deed or marriage settlement to be offered in evidence by the plaintiffs. In the argument of the cause in this court., it was not denied that the effect of the deed was to vest the legal estate in the trustee named therein, for the use of James Denton, and Charlotte, his wife, during their joint lives, and upon the death of Charlotte, without having made any disposition or appointment, for the use of her only child, Delia Denton, the ward of the plaintiffs.

And we think, by a proper construe ⁴⁰⁷ tion of the deed, and under the proof in the cause, the whole equitable interest in the negroes mentioned devolved upon Delia Denton, on the death of her mother. 13ut the question presented by the bill of exceptions, for the decision of this court, is, whether the ward of the plaintiffs had, under the deed, such a title as will enable them to maintain a suit at law? On the part of the appellants it has been contended, that on the death of Charlotte, without having made a deed or will, the object of the trust was fully accomplished, and that the whole estate, legal and equitable, became vested in the cestui que use. On the other hand, it is argued that the evidence offered disclosed a mere equitable-title in Delia Denton, which could not authorize her guardians to sue at law; the legal estate having been conveyed to a trustee, and being still outstanding. If this latter view be correct, then there was no error in the action of the circuit court; for no principle is better settled than that “by the common law, a cestui que trust has no standing in court vet propria persona; he can only assert his rights in a court of chancery.

Green vs. Johnson, 3 G. & J., 389 . At law the trustee,