Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-07-04
THE LAW COURT
Hand Down Decisions in Several
Important Cases.
A New Trial Ordered in Guild VS.. the
l., W. & A. R. R.
DECISIONS IN Hancock, Penobscot and
York County Cases.

Inc ioiiOWing law court decision will
De or local interest:
i\ehnebec, IS. A Manley Guild VS.
Lewiston, Winthrop Il Augusta Stree
halfway. Rescript, Emery, ].
Inc amount assessed by the iurv rs
the damage sustained by the petitione,
ny reason of the taking of a strip OF
Ealld by the respondent company an
pears to the court to be large. out OF
al proportion to the original yalue
ol the land, ana the amount of land
taken, ana so far excessive as to re-
pulre the court to set the assessment
issue ana order new trial
Niotloh sustained New trial granted.
1iahcock, IS. Alice Davidson Tilton.
III equity, VS.. Edith BoWker Davidson.
itescflpt, Whitehouse, j.
Inns Is bin in equity brought to
ontsih judicial construction of the
VIII OF Herman Elvas Davidson. late
vi tar Harbor in the State of Maine.
!, 1he testator resortcd to the legal
soleclsm of constituting his daughters
trustees for themselves. for the an
parent purpose of limiting their en-
Joyment of the estate to the use of
!
OF preventing any alienation of the
principal except by will or otherwise"
TO take effect at their dtcease. He
| evidently attempted to establish a tI-.-t
to insure the preservation Of the c0rplIs
Of the estate unimiaircd during their
ives but ut the same time desired to
give them substantially the same do
ininion and control over the prnperty
IL
mad been made to create Il trust.
There is nothing in the viii or codi-
hI Indicating amy other though or feel
ing than an allc~tionate regard for the
welfare and happiness OF the children.
and desire to secure to them Il per
manent support which SHOULD not be
exposed to the risks Of their own Dos
Slble impr0Videuce ana the CONSEQUENT
demands of creditors or the importuni
ties of others. 1t is not improbable
that the testator had 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 Il
trust which would have accomplished |
that purpose. But an intention to /
create Il 'Spendthrift trust" has not !
been unequiVocIbly expressed by the |.
t"St0tor, nor is it necessarily or clearly i
to be inferred from the language of the |
viii and C0diCil construed together. |
There is no explicit provision that |
either the income of the estate shall not |
he alenahlc by the voluntary act of the
daughters or he subject to attachment !
by their creditors. If the testat0r in
tended to create a Spendthrift trust he
lid not succeed in framing Il VIII to
AIRY out that intention. The prop
erty is "bcqueuthed" to his daughters
rs trustees. with power to change the
Investments and to pay over to Them
selves all of the income of the prop
.rty. But no other brncfiriaries except
he daughters are named or suggested.
The entire estate is "bcqucathed" to
he trustees to "rcmain in their care
urinG their lifetime" Tor the purpose
nd with tho power above stated. but
he trstator makes no disposition of the :,
cnlAinder after the termination of this :
fc estate.
TIL" daughters thus hold the property
lpOn a staple trust for their own benc- r
it. Under these circumstances, even If
he trust had been Confidcd to strang-
rs for their benefit. the daughters
would thereby have become the abso- ,
ute equitable owners, not only of the
income but of the principal of the trust
state. o
There is no doubt of the power and 7
uty of Che court to decree the tcrm- y
alton of trust. where all the objects
nd purposes have been accomplished. y
her" the interests under it have al
eSt"d. ANA where all parties bencf- .
ALLY interested desire its termination. =
Whcr" property is given to certain "
"rSons for their benefit and in such q -
hammer that no other person has, or -
IN have any interest in it, they are "
| effect the absolute owners of it ana -
is reasonable and just that they u
Mould have the control and disposal | i'
it unless some good cause appears to -,
lie contrary. -
1t is accordingly the opinion of the
lurt that upon an amendment to the
rayer of the present bill asking that ~
lc alleged trust in this case be de- =,
Continued on page p ~