Appeal by defendant from Daniels, J., at November Term, 1913, of WayNE. Controversy without action. Held: and for no other. “And it is further provided that should the said Ohestnutt die, refuse to accept this trust, or become incompetent to act, that then in that cáse the said Martha J. Hollowell shall have power to appoint a trustee to hold the property in this deed conveyed ; and it is further provided that the said Ohestnutt or any…
Decided 1913-12-10
BROWN, J.
¶1
-The plaintiff contends that he and his wife have a right to convey in fee simple, free from encumbrances, to the
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defendant, tbe land conveyed to tbe plaintiff'by tbe said Martha J. Hollowell and George E. Hood, trustee, and described in, tbe deed tendered to tbe defendant by tbe plaintiff.
¶2
We are of opinion tbat under tbe terms of tbe deed in trust above set out, tbe contention of tbe plaintiff is well founded. It is admitted tbat George E. Hood bas been duly and legally substituted as trustee in place of A? B. Obestnutt, deceased, ,in said deed in trust.
¶3
• By force of law, as well as by tbe express words of tbe deed, Hood is vested with all tbe powers conferred upon bis predecessor. Tbe language of tbe instrument is clear, and confers upon tbe trastee tbe powér to sell tbe property, or any part of it,, and execute a title in fee to tbe purchaser when- requested in writing by tbe said Martha J. Hollowell, tbe
cestui que trust.
This consent is manifested when she joined in tbe deed with tbe trustee.
¶4
, Tbe contention of tbe defendant tbat it was tbe duty of tbe plaintiff to see to tbe application of tbe proceeds derived from, tbe sale to him, and see tbat tbe same was reinvested in real estate by tbe trustee, cannot be sustained.
¶5
It was so held in England, but is not tbe law here - as to a
tona -fide
purchaser for value.
