Owens v. Crow

Bryan, J., delivered the opinion of the Court. On the eighth day of September, 1860, John T. Crow and Mary E. Crow, his wife, executed a deed, whereby1 ⁴⁹⁴ they conveyed to Sarah Owens, all the property of every kind, which belonged to the said Mary E. Grow, in trust for the sole use and benefit of Ida Crow, the infant daughter of the grantors. The infant was, at that time, a little more than three years of age. Shortly after the execution of this deed Mrs. Crow died.

It does not appear that any of the property conveyed was real estate ; it consisted of a leasehold interest in a house and lot in the City of Baltimore, and some household furniture, and three slaves, two 'women and a boy. Although Sarah Owens was named as trustee in the deed, no duties were imposed upon her, and no functions were to he performed by her. She held the dry legal estate, and the only effect of naming her in the deed was to enable her to hold it. The beneficiary, Ida Grow, was the real owner of the property, and the absolute legal estate would have been vested in her by operation of law, whenever, for any purpose, it was necessary that she should have it.

The trustee could not hold the legal title as against her, or as against her guardian. As the trustee had no duties to perform, there was no purpose for which the trust could be continued in existence. The object of appointing the trustee was to enable her to receive the legal title to the property from the grantors, and as soon as this object was accomplished, there was no longer any reason for continuing the trust. “ When a trust has been created in personalty, and all the purposes of the trust have ceased, or are at an end, the absolute estate is in the person entitled to the last use.” Denton vs. Denton, 17 Md., 407. Miss Owens having no duties to perform in reference to the property, took no control over it, but it was managed and controlled by John T. Crow, the father, from the time of the execution of the deed until his death.

He occupied the house a portion of the time, and for several years he rented it out, and received the rents; he held possession of the slaves until the emancipation in 1864, making use ⁴⁹⁵ of their services as household servants; and he used the furniture in the house until he discontinued housekeeping, when he sold it. In all his transactions with reference to this property, Mr. Crow was acting for the benefit of his daughter Ida; in his dealings he sometimes described himself as “ guardian,” and sometimes as “ guardian for the use of Ida Ci’ów;” and he stated that the house was rented for her benefit. She was his only daughter, and his only child by her mother. She and Miss Owens lived in the same house with him until 1869, when Miss Ida was sent to boarding school by him.

In all his intercourse with his daughter he shewed himself to be a fond and affectionate father, very solicitous for her welfare and happiness. It would be the grossest injustice to his memory to suppose that he was capable of making any adverse claim to her property, or that he was acting otherwise than in the capacity of her guardian, as he styled himself in his dealings with her property. On the contrary, as early as January, 1874, he made his last will and testament, by which he left her all his property, to the entire exclusion of a son by a former marriage ; and we learn from the probate proceedings that he delivered the will to her in his life-time, and permitted it to remain until his death. He married a third wife on the 2nd of February, 1881, and died on the 23rd of March in the same year, leaving his will unrevoked.

This bill is filed for an account of the rents, hires and profits of the property embraced in the deed, and of the money collected by Grow in his life-time for the benefit of his daughter. Miss Grow attained the age of 21 years on the seventh day of May, 1878, and the bill was filed on the 13th of April, 1882, within the time of limitation fixed by the statute for proceedings against the estates of deceased persons. Miss Crow being in reality the owner of the property, both at law and equity, and Miss Owens being without title, estate or interest in the property, it is ⁴⁹⁶ very clear that no plea of limitations could har the right to an account in this case, and consequently no imputation of laches could lie against this proceeding. And we do not mean to imply that even, if Miss Owens could he considered as the real complainant, that this is a case for the operation of the doctrine of laches.

Here is the case of a father professing, and truly professing, to he acting for the benefit and interest of his only daughter ; taking care of her property, renting it out, and collecting the rents for her, as her-guardian; stating that he is acting in her behalf and shewing the sincerity of his affection for her, by making a, will, giving all his property to her, and placing that will in her hands for safe-keeping. It is simply impossible fora Court of equity to hold that such a man can he regarded as a trespasser, acting adversely to the