Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1903-07-08
FROM LAW COURT.
Equity Case from Hancock County
Opinion by Judge Whitehouse.


Opinion by judge Whitehouse.
The Law curt has handed down its
decision 10 the case OF Alice Davidson
Tfltou, in equity, vs.. Edith Bosker
Davidson. Rsseript by Justice White
horse.
Tnis is q bill in equity brought to
obtain a judicial construction Of the will
of Herman Eivss Davidson, late OF Bar
Harbor, in the State of Maine.
The testator resorted to the legal
solecism OF constituting his daughters
trustees for themselves, for the apparent
purpose of limiting their enjoyment OF
the estate to the use Of the income dur
ing their lifetime, and of preventing any
alienation OF the principal except by
twill or otherwise" tc take effect at their
decesse. He evidently attempted 10 es-
tsblIsh trust to insure the preservation
of the corpus Of the estate unimpsired
during their lives, but at the same time
desired to give them substantially the
same dominion and control over the
property that they would have bad II no
attempt had been made to create q trust.
There is nothing In the will or codicil
indicating any other thought or feeling
than an anectionste regard for the well
fare and happiness Of the children, and
desire to secure to them permanent sup
port which should not be exposed to the
risks of their own possible irnprovideuce
and the consequent demands of creditors
or the opportunities of others. 1t Is not
improbs bic thai the teststor bad in mind
the idea OF giving them only a qualified
estate which they could not ALLEVIATE and
which creditors could not reach.
1t would have been competent for him
to create trust which would have
accomplished that purpose. But an
intention to create "spendthrift trust
has not been unequiyoca bly, expressed by
the teststor, nsr is 1t necessarily or
clearly to be inferred from the language
Of the will and eondieii construed to-
get her.
Tnere is no explicit provision that
either the income OF the estate shall not
be sliens6le by tue voluntary act OF the
daughters or be subject to attachment by
their creditors. IL the teststor intended
to create g spendthriit trust, he did not
succeed In framing a will to carry out
thst intention.
The property is "bequeat he'd to his
daughters as trustees, with power to
change the investments and to pay over
to themselves all OF the income OF the
property. Bot no other bepeieiaries ex-
cept the daughters are named or sug
gested. The entire estate is "oeqneathed"
to the trustees to "remain In their care
during their lifetime" for the purpose
aud with the power above stated, but the
teststor makes no disposition OF the re-
mainder after the termination of this
life estate.
The daughters thus hold the property
upon simple trust for their own bene-
fit. Under these circumstances, even IL
the trust had been coufided to strangers
for their benefit, the daughters would
thereby have become the absolute equit-
able owners, not only OF the income bat
OF the principal of the trust estate.
There is no doubt of the power and
duty OF the court to decree the termi-
nation of trust, where all the objects
and purposes have been accomplish b, d.
where the interests under 1t have all
vested, and where all parties eenedcially
interested desire its termination.
Where property is given to certain per-
sons for their benefit and in such a man
ner that no other person has, or can have
any interest in it, they are in effect the
absolute owners OF it, and it is ressona bic
and just that they should have the con.
troll and disposal Of 1t unless some good
cause appears to the contrary.
1t is accordingly the opinion Of the
court that upon an amendment to the
prayer of the present bill asking that the
alleged trust in the case pe declared ter
minated, no sufficient cause is shown why
the plaintiff will not be entitled to a de-
cree of The cour. to hat effect. The bill
should also be further amended by add.
ing distinct allegation that these parties
are the only heirs OF the testator.
Cause remanded for further proceedings
in accordance with this opinion.