State ex rel. Taylor v. Brown

Stone, J., delivered the opinion of the Court. , A certain Sarah Ann Brown, of -Baltimore City, died in 1814, having first duly executed her last will, by which she bequeathed the whole of her property to her husband, William Brown, Sr., for his life, with remainder after his. death, to her children, William Brown; Jr., and Martha Taylor, and appointed her husband executor. William Brown, Sr. renounced the office of executor, and the Orphans’ Court then appointed William Brown,. ⁹⁹ Sr., and a certain J. Sellman Shipley administrators, with the will annexed, of the said Sarah Ann, and they duly gave bond and qualified as such administrators. The administration bond is dated in October, 1874. William Brown, Sr., in June, 1875, executed a paper declaring that he did renounce his right to execute any trusts under the will, but claimed all his beneficial interest.

He, William Brown, Sr., also in 1878 executed a deed of trust of all his property, including that received as devisee oí his wife, to a certain Richard W. Templeman, the income from said property to be first applied to his, the grantor’s interest under the will of his wife, and then the balance to his support and maintenance. It appears that the children and grandchildren of the testatrix in 1878 filed a bill in equity against William Brown, Sr., praying for the appointment of a trustee to execute the trusts of the will of Sarah Ann Brown, and the Court appointed said Templeman as such trustee. This suit was brought in 1883 on the administration bond of William Brown and J. Sellman Shipley as administrators with the will annexed, of Sarah Arm Brown, by Templeman trustee, and the children and grandchildren of the testatrix Sarah Ann, alleging waste by said administrators. When the suit was brought William Brown, Sr. was, and from aught that appears from the record, is still living.

A good many questions have been raised and argued, and many authorities cited in this case, but the whole question really presented, is whether when personal property is bequeathed to one for life, with remainder to another, and the executor, or administrator cum testamento annexo has wasted or converted to his own use the property so bequeathed, a suit upon his bond can be maintained by the remainderman tohile the tenant for life is still living f In the case before us, the property alleged to be wasted was money. To the whole interest on this money Wil ¹⁰⁰ liam Brown. Sr., the tenant for life, is entitled during his life, and at his death the principal should be paid over to those entitled in remainder. All that the remaindermen are entitled 'to