Trust Assigned Cases

TRUST CASES Trusts are vested with equitable considerations GOVERNMENT v. AA!"##A$ ET. A#.$ MUN. O% TA&AAS$ ET. A#.$ MAR"A 'A#A!$ ET. A#. %acts( Subjects lots (3464, 3469, and 3470) are claimed by the mun. of tayabas and the goernor of the !roince on one side, and by "aria. #ufemio, #ugenio $eli%, et. al. on the other. &ot 3470 is also claimed by 'orotea &o!e. ll three lots *ere registered, !er court order, in the name of the goernor in trust for a secondary school to be established in the munici!ality. +laimants +laimants alad and &o!e a!!ealed. -he lands *ere originally o*ned by &uis alad, a school teacher, *ho obtained the same by gratuitous title in /94. &uis e%ecuted a hologra!hic *ill. e died in 'ecember /96 *ithout descendants, but leaing a *ido*, 'orotea &o!e (married since 1ct 4 //2). +$ -ayabas -ayabas ordered the !rotocoliation or !robation of the *ill oer the o!!osition of &eo!oldo and olicar!io alad (collateral heirs of &u is) and of *hom a!!ellant alads are descendants. -he *ill reads "That the cocoanut land in Colongcolong, which I have put under cultivation, be used by my wife after my  death during during her life or until until she marries, marries, which property property is referred referred to in the inventory inventory under No. 5 but  from this cocoanut land shall be taken what is to be lent to the persons who are to plant cocoanut trees and that which is to be paid to them as their share of the crop if any should remain and that she try to earn with the product of the cocoanut trees of which those bearing fruit are annually increasing and if the times aforementioned should arrive, I prepare and donate it to a secondary college to be erected in the capital of Tayabas so this will be delivered by my wife and the e!ecutors to the yuntamiento of this town, should there by any, and if not, to the civil governor of this province in order to cause the manager  thereof to comply with my wishes for the good of many and the welfare of the town.#   fter &uis5 death, 'orotea remained in !ossession of the land and remarried one +ali%to 'olendo.  foresaid collateral collateral heirs of &uis brought brought an action for !artition !artition of the lands against against 'orotea on the ground ground that by reason of her remarriage she had lost the right to their e%clusie use and !ossession. "un. of  -ayabas yabas inter interen ened ed claim claiming ing its right under the *ill. *ill. &ots &ots 3464 3464 and 3469 3469 *ere *ere turned turned oer oer to the munici!ality 3470 remained *ith 'orotea, !er agreement. +$ dismissed the action on the strength of said agreement.  !!ellants alads argue that there *as no trust created since no trustee and cesti ue trust *ere named in the *ill. "ssue( 8hether or not a trust *as created by irtue of the *ill e%ecuted by &uis alad. Rulin)( es. n order that a trust may become effectie there must, of course, be a trustee and a cestui ue trust, and counsel for the a!!ellants alad argues that *e here hae neither that there is no ayuntamiento, no :obernador +iil of the !roince, and no secondary school in the to*n of -ayabas. -ayabas.  n ayuntamiento corres!onds and it may be conceded that the ordinary munici!al cor!oration and it may be conced conceded ed that that the ordina ordinary ry munici munici!al !al goern goernmen mentt in these these sland slands s falls falls short short of being being such such a cor!oration. ;ut *e hae !roincial goernors *ho li2 citing $raier s. $raier, > ill +h., 302 shurst s. :ien, 2 8atts ? S., 3>9 +arson s. +arson,  8ins. @A.+.B, >4.) -hus a deise to a father in trust for accumulation for his children la*fully begotten at the time of his death has been held to be good although the father had no children at the time of the esting of the funds in him as trustee. n charitable trusts such as the one here under discussion, the rule is still further  rela%ed. Cny dis!osition *hich im!oses u!on an heirs the obligation of !eriodically inesting s!ecified sums in charitable *or