Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-05
LAW COURT DECISION.
Bill Sustained in Phila. Trust Co. vs.,
Irene c, Allison.

| The following rescript has been re
ceived by Clerk OF Courts {. w, Jones
Hapceck County The Philadelphia
| Trust. SAFE Deposit and Insurance CO
81 81. Us. Irene {. Allison. ENrx.. Re
| script by Savage. J.
Bv the terms III trust deed, the
| trustee. which is the plaintiff in this
cnsa was empowered To sell IN fee
simple or otherwise. the real estate
thereby conveyed TO it. but il was pro
vided that certain real estate in Bar
Harhar in this state should be sub
iect 10 sale or rent only With the con
sent of the cestui que trust. and should
be sold or rented by the trustee al
anv time upon the request OF the ces-
tut que trust and for price or sum
acceptable IL her All the parties To
the deed, as well as the cestui que
trust. were. and still remain residents
of philadelphia.
After the execution and delivery OF
the trust deed. the cestui que trust
was adjudged by the court of common
pleas of Philadelphia to be an habit
ual drunkard. and a committee of hef
person and estate was appointed by
that court.
Afterwards, the plaintiff. as trus.
tee. and the committee. so appolhteu
entered into a written agreement WIN
one Allison. for the sale and convey
ance TO him, of the Bar Haroor prop
ertv and il was stipulated in Inc
agreement that the title was To De
good and marketable. The defendant
il the executrix of Allison's VIII
on netition Of the committee, the
conrt NJ common pleas of Philadelphia
made an order approving the safe ana
authorizing the committee TO loflnaliA
consent to the sale in hehaH OF MS
ward the cestui que trust, and to JOIN
in ,he deed. The eestui Que trust her
self Joined in the prayer Of the peu-
ton and formally assented to the
making of the order.
A deed executed by the plaintiH as
trustee. and consented 10 by the com
nittee was seasonably rendered TO MT
Allison, who refused to accept 1t ana
pay according TO the terms OF MS
agreement to purchase.
This bill being brought Ia compei
specific performance, it is held:
THAT the cestui que trust, by rea-
son of having been adjudged an habit
lal drunkard, and the appointment oil
, committee of her person and estate,
was incapable of giving consent per
sonally. Il
2-That under the constitution and
statutes of Pennsylvania, as Interpret
ed by the highest court in Pennsyl-
vania. the court of common pleas OF
had jurisdiction to adj
Judge the cestui que trust To be an
habitual drunkard, and to appoint
committee of her person and estate,
and having chancery powers. that it
had Jurisdiction to authorize the COM
nittee to consent to a conveyance by
the trustee. for and in the place of his
ward, and that the consent of the COM
mittee was as effectual. as If the con-
sent had been given by the cestui que
trust personally, while she was capable
of so doing.
3-That the decree of the court of
pleas of Philadelphia was eff
fectual. although the land To be con-
veyed was In Maine
4-That the deed rendered conveyed
a good and marketable title to the Bar
Harbor property.
Bill sustained with costs. Decree
for specific performance to be entered
by a single justice.
Received Aug. 3, 1911.