VAN SYCKEL'S TRUST

Deeds of trust — Construction — Gift to ancestor and to lawful issue — Rule in Shelley's Case — Life estate legal and gift to issue equitable estate — Lawful issue — Meaning — Words of limitation or words of purchase — Act of July 9, 1897, P. L. 213.

1. The rule in Shelley's Case is not applicable unless the estates of the ancestor and of the heirs are both legal or both equitable. [348]

2. Where the gift to the life tenant is of an equitable estate and the gift to the heirs is of a legal estate, the rule in Shelley's Case has no application. [348]

3. Where the conveyance is to the ancestor and his "lawful issue," and the words "lawful issue" are not used as words of limitation representing an indefinite failure of issue of the ancestor, but as words of purchase equivalent to children or immediate descendants, the rule in Shelley's Case is not applicable. [349]

4. Prior to the Act of July 9, 1897, P. L. 213, the rule was that the word "issue" was prima facie a word of limitation and not of purchase, but such construction was not conclusive and would yield to a manifestation on the face of the instrument that the word was intended to have a more restricted meaning. [349] Trusts and trustees — Construction of trust — Active or passive — Duties of trustees.

5. Where it is the duty of the trustee to receive the gross income and out of same to pay taxes, water rents and other charges, to keep the premises in good order and repair, and to turn the net income over to the beneficiary, the trust is active and the estate of the beneficiary is equitable. [349]

Argued April 25, 1935.

PER CURIAM, June 29, 1935:

The learned president judge of the court below has correctly stated the legal principles applicable to this case, and his opinion is accordingly adopted by us in affirming the order and decree.

The order and decree is affirmed at appellant's costs.