Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-11
In the Supreme Court
Halver J. Hagen, Respondent, vs.
SEVERN Sacrison, Appellant.

SEVERN Sacrison, Appellant.
1. BY his will, the testator, after
providing a competency for his son
and sole heir at law, directed that
the remainder of his estate, (specih-
cally describing same, shall be de-
voted to a worthy perpetual charity
by the establishment in his native
country, the Kingdom of Sweden, a
Children's Home" for the reception,
care, nuture, succor and support of
the destitute children" and directing
that such home, when established,
shall be under the charge and custody
of the proper officers in Torrskog
Socken having the proper supervision
of the poor. To such end he directed
his executor to sell the real property
described Eat such; time or times after
my death as in his best judgment,
will bring the most money into his
hands, but in any event, not later
than five years after my death, unless
such period be extended by order of
the county court" Then follows GER
tain recommendations to his executor
that he arrange with proper authori-,
ties Of Torrskog Socken for the con-
tribution by such socken of a sum of
money equal to one-half the cost of
establishing and maintaining such
home, if possible, and that the SER
vices of such authorities and officers
in and about the control and man
agement of the home shall forever be
free of charge as far as the fund
therein created is concerned. Then
follows the following:
II desire that, in case any Of the
matters of detail herein set forth can
not, either by reason Of lack of legal
authority or because of conflict with
any law or for any cause, be carried
out herein expressed, it shall be I'M
derstood that my directions herein
are merely recommendations and that
the same shall not stand in the way
of the accomplishment of the main
object of this bequest, towit: The
amelioration of the condition of the
poor children in Taskog Sega afOre-
said.
In as much as it is impossible for
me to, even generally, direct the car
rying out of the intent Of this be-
quest, it is necessary that a great
latitude be left to my executor in the
of my main object;
and having full confidence in him,
both as to his ability and integrity,
I willingly leave every matter OF
Judgment and discretion entirely to
him and, in all matters pertaining
to this bequest, I grant to him the
fullest powers conformable to law,
the same as if such matter were spec
ifically mentioned and he thereunto
Held: 1. That the direction to sell
the real property described operated
to convert the same into personality
g. That the mere creation of the trust
therein mentioned does not, ipso
facto, suspend the power of aliena-
tion. lAat such power of alienation
is only suspended by such a trust,
where a trust-term is created, either
expressly Or by implication, during
the existence of which a sale by the
trustee would be in contravention Of
the trust. Where the trustee is en-
powered to sell the land, without res
friction as to time, the power Of alien
alton is not suspended, although the.
alienation in fact may be postponed
by the non-action of the trustee, or,
in consequence of discretion repos-
ed in him by the creator of the trust.
The statute of perpetuities is point
ed only to the suspension of the pow
er of alienation and not at all to the
time of its actual exercise.
The statute against perpetuities is
not violated by directions in the will
which may involve some delay in the
actual conversion of the property,
arising from any cause, nor does the
fact that the trustee is vested with
a discretion to delay the sale of the
real estate, not exceeding a certain
period mentioned, involve an unlaw-
full suspension of the power of alien
alton. /
2. Charitable trusts, which is the
character Of the trust in the case at
bar. are highly favored, and liberal
construction will be adopted in order
to render them effectual.
3. The provisions Of the bequest d.
recting the executor to make certain
arrangements, If possible, with the
authorities in Torrskog socken re-