Philippi v. Phillippe
115 U.S. 151 (1885)

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U.S. Supreme Court

Philippi v. Phillippe, 115 U.S. 151 (1885)

Philippi v. Phillippe

Argued April 22, 1885

Decided May 4, 1885

115 U.S. 151

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF ALABAMA

Syllabus

Although it is true that when the relation of trustee and cestui que trust exists and is admitted by the trustee, lapse of time is no bar to relief in equity against the trustee in favor of the cestui que trust, yet, when the trustee repudiates the trust in unequivocal words and claims to hold the trust property as his own, and such repudiation and claim are brought to the notice of the beneficiary in such manner that he is called upon to assert his equitable rights, the statute of limitation begins to run from the time when they thus come to his knowledge.

In Alabama, even in the absence of a statute of limitation, if twenty years are allowed to elapse from the time when proceeding could have been instituted for the settlement of a trust without the commencement of such proceedings, and there has been no recognition within that period of the trust as continuing and undischarged, a presumption of settlement would arise, operating as a continuing bar.

When the lapse of twenty years raises in Alabama the presumption of payment and satisfaction of an equitable claim, the provision of

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