The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-16
The Dlstcaif VIII Case.
sUPkEME CouRT-sPECIAL TERN.
pefore Hon Iudoa Inrraham

Mario e. Nasaf Thomas s. NacaH ant Others
The plaintiff brings this action 10 compel the defendant
TO ranfcr to her certain stocks and securities held By
them trustees under the will OF her father The tosta
tor the time OF bis DEATH and the executors and two
Of the trustees resided In Georgia, and Collins the other
defendant resides In his State The whole Of the org
nal fund except the OF 81 s9 IS invested
10 Georgia. and mains invested M the present time
The ura Of the beques were OF the OF SIS 600 70
the trustees "n trust for the use and benefit of my
daughter, Maria II. MetcAN until her marriage and on
her marriage the 10 DO settled her and her issue,
and on her death without ssue the TO be held for
the Of my Thos g. Metcaf I'LL he attans full age,
whom In 70 DO made over TO him In his right ALSO
iuey and forever" The will also provides that In Of
the death Of both bis children without issue, and Of
Thomas under age, the whole given 70 bis brothers and
sisters and their descendants and In MARIA attained
the age OF II years. her marriage she 10 havs
the power 10 dispose OF half Of the trust property by
writing 10 the nature Of viii II will be observed that
all The trust fund invested In Georgia by all the trus
ices ma Two o. ,ne Trustees ,esae mere a1e ma vac
Georgia. unless the small Of 81 p9l Or, which
has been Invested In this State These fAcu alone appear
70 10 be sufficient 70 deter the courts Of this state from
assuming control the funds The trustees ali do
,rous OF having the question decided In the courts OF
Seorsa insy are All responsible, And inc PROPERTY ana
court No order could be enforced In regard 70 the pro-
pcrty, the court should decide that the plaintiff
Was entitled 10 the principal Of the fund. There also
another reason Why this court should not under the
acs presented, aitempt 10 exercise jurisdiction
Iss IN. i..,s,or ,ysns,epres the interest," Of bs .o
Thomas, who had died, 70 q daughter Mary, who Vas
born after the making OF The will Mary Is sti living,
and in case of the death Of the plaintiff unmarried and
without esue would be entitled 10 The trust fund accord
Ing 10 the provisions Of the WILL and the evident
intent OF the testa,or she should be made party
In order thai . FUN disposition might be made OF
the fund, and for the same reason the brothers and
sisters Of the tesiator, although mofe remotely, may
be said also be interested In the fund.- and therefore 10
be parties 70 full adjudication spon their re-
srecive rights For these Of the opinion that
not proper make any adjudication In this action upon
the rights Of the plaintiff In regard 70 The capital OF The
trust fund referred TO- The trustees In tho discharge OF
their dutes have invested and managed the trust pre-
perry greatly 70 Increase the funds. The plaintiff, In
her complaint says; "rhe defendants have carefully,
ud,ciousy and prudenty invested the said moneys and
managed the said trust The. the savings aud income not
expended the and benefit OF the plaintiff and Tho
accumulation q dividends, interest,", &C. have increased
the fund 70 amount exceeding 1000" Judgment for
the panwH Tor the porsn Of the income Of The trust
fund NOT p1d over 70 the plaintiff and the income there
and that the defendants transfer 70 She plaintiff the
stock held By them for that purpose rcservns thereom
20 much Thereof may be sufficient 10 sauxy the b
lance Of the principal i e9 35) invested in this State
The costs and counsel fees Of the defendants must be paid
out OF the fund the transfer Of the stocks pay
mont Of The money 10 the plaintiff she must execue 70
the trustees full release for AL Chains for interest up 10
the time Of commencing this alton.