Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-05-14
AN ACT for the better regulation Of tr,,

AN ACT Tor the better regulation OF trust
estates and for other purposes.
BE II enacted by the GenerM assembly as
foliors:
Section |. Upon tho death, resignation, or
removal of any trustee appointed by last will
and testament or decd or Otherwise, or upon
such trustees declining To act, If no adequate
provision is made by the instrument creating
the trust for appointing trustee and making
the convcyancns which are necessary BY law,
the Supreme Judicial Court upon application
by petition or bill of equity and reasonable
notice to all persons interested, may appoint
a new trustee or trustees, who shall have and
exercise the same powers, rights and duties
ns the trustee originally appointed would
have ard all the right, title and interest Of
the former trustee in and to the trust estate
shnl bv virtue Of the decree of said Court
and Of this act. vest in the trustee or trustees
appointed by said Conrt without any manner
of conveyance whatever: and until such de-
cree is made and lodged to he recorded, as
provided in the second sc' ton Of this net,
such interest, estate and trust shall be deem
ed to be vested in the supreme Judicial Court
MS court of equity: Provided however, that
the Court may order such convcyances to be
made, i. they deem it necessary.
| Sec. 9 In all such cases it shall be the
duty of the new trustee To lodge copy OF
the decree fer his appointment in the oihce
of the Town Clerk of the town where the cs-
tate is situated, within sixty days from the
time of the appointment.
\ Sec. 3. No trustee hereafter appointed
shall have power to convey or dispose of his
interest in any trust property except under
The direction Of the Supreme Judicial Court,
unless authorized so to do by the instrument
creating The trust. Every Conveyance made
contrary to the provisions OF tins section shall
be void
! Sec. !. Nothing in this act contained shall
be SO construed to abrdgc any powers over
trusts and trust estates heretofore vested 10
The Supreme Judicial Court.
Sec. 5. Any trustee upon petition may be
allowed by SAID Court to resign his trust
whenever they deem it proper.
Sec. q. Any Justice of the Supreme Ju-
dicial Couit in vacation may make any order
or decree excepting final dccrce) IN any
matter pending before said Court III equity
or under This act, which said Court might
make If in session, which order or decree
shall conlin ue in force until reversed or al
tered by sad Court.
Sec. z. No stock or shares IN any bank,
bridge, turnpike or insurance corporation,
chartered by this State, owned 10y any mar
iicd woman, shall be conveyed or transferred
except by instrument signed, sealed aud &C
know wcdgCd in the same manner us Is rcquir-
cd for conveying rcul estate owned by a
married woman. But the husband may re.
celve the income thereof during hls HE, and
on his decease the same shall survive and
belong to the wife, or TO such persons as she
by any instrument executed by her IN her
lite time, IN the manner required by the last
will and testament, shall have appointed, and
in default Of such appointment, To her legal
representatives according to the mode oi
distribution directed III the first aud second
sections of "an act directing the dcsccn, OF
intestate estates, and the settlement thereof,
and for other purposes therein mcptioned,'
contained IN the digest OF 1872. Provided
that the provisions Of this section shall not
20 into effect until the lst day OF May, A.
ID. $40.
Sec. {. Any household goods or furniture
which any woman liei cdtcr married may own
al the time OF her marriage, or which Iaay be
given m bequeahed 10 any woman now or
after marriage shall contlnue
10 be her vested property, oi which she shall
not be dWescd by any act or LIABILITY oil til,
husband, but shall not be sold or gwen away
by her during their JOINT lives without hls
consent. And on the dcccasc OF the wife
such property shall descend aud belong To-
such persons us she by any instrument, exc
cut, by her in her life time, III the manner
required Tor last will and testament shall
direct or to whumsocyer che may bequcaih
the same, and IN default thereof II shall go to
The husband II he survives the wife, but II the
husband shall not survive II shall be disirbu-
ted among those vino would be UnttIrd there
to according 10 the fret ubd second sections
Of the beioic mentioned act. Provided, tha,
within a reasonable time from such nul rage
oft OF b,qucst or schedule of such property
shall be- recorded IN the olhcc OF the Town
Clerk ui the town where such persons reside.
Sec. -. SO much oi the thirteenth section
of the before mentioned act as Is inconsistent
herewith Is hereby repealed.
Sec. 10. The Supreme Judicial Court may
hear aud determine III equity all questions
concerning the relative IIghts and property
nf married persons, aud concerning the set
dement, OF the estate oi any married woman
whose husband shall survive her.
AprIl ~ --3w,