Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-11-25
Law COURT DECISIONS.

stft IOlfoNlffS iAtiAS
received by Clerk of Court G. W.
Jones of Kennebec county from the
law court:
LINCOLN COUNTY.
Joel Huston ct al vs. Charles r
Dodge ct ais. Rescript, Savage, [. D.
/. A trustee has no interest in the
construction of the viii under Whlch
he is acting except as it concerns his
powers and duties in the adminlstfa-
ton of his trust.
2. In a bill brought by trustees I'M
der q will praying for construction
of the will. and for instructions, qnes-
ton which do not concern the al
ministration of the trust by them
which relate to matters which are as
yet contingent, in regard TO winch
theyssmay never be called to act. or
not until after the lapse OF many
years, and questions relating TO mat
ters which concern only the hers
among themselves, are moot aaes-
tions, and should not be answered.
3. Where a testator by his WIZ
gave to his wife $4,000, TO have anu
to hold the same, and the income
thereof, only during her natural nus
the income became hers aesoluteis'
but she had no right to eXpeno t''s
principal. Having mingled the luii'
with her own property so that II ea'i
not now be identified, her estate Is
accountable for it to the testaloi
residuary trust estate, into winch ~
would fall by the terms Of the Will
4. The beneficiary under testa-
mentary trust having died before tie
testator. the trust never became op-
eratise, and the trustees dla ho' IAN
title to the trust fund s-noo
S. A testator by his Will gave SeVV,
to a church, income only TO os U.s. U.s.
and that only for a specl.ieu ~.
pose, with a proyiso, that II .he
quest .'be diverted or USED iot ~.
other purpose the beauest siiou'u -
vert to his heirs. Held, that the ldiiu'
even upon forfeiture, VIII not peooil'
a part of the residuary es.a'e' an
that the trustees of the resiauais
tate having nothing to DO Win '''e
administration of 1t. -, 7fr.g.
G Where testator by ms VIII va
ed the trustees of the residuafy es'Ase
set APART a certain sum to De ussu
ever in identifying and caring Ioi 80
burial lot, the town in wiiich TIE fes =
situated may be appointed trustee o. tHe
-flfii by the probate court. aHt -, -
provisions of Revised STATUTES: -.
90 Section 10, and the fund may ne trans
ferred To it
testator devised the residium Of
his estate TO trustees in trus, ier tl,e
uses and purposes hereinafter nahled'
viz: If the necessity arises that either
of my brothers or sisters, nepheWs OF
nieces, who may survive ME, may require
a larger amount Of money that l nave
by this will given and hequeathed 10
them. in order to insure III sickness O.
old age their proper care, Vlctualilhs'
clothing, nursing and medical attendance
it is my will that my said trustees al
once fifty provide for their necessities,
from this amount 50 wilied and held IN
trust for them Held. tal that only such
nephews and nieces as the testator mad
made requests TO in his will are to be-
regarded as benefeiaries of the trust re-
siduard fund; tbl that the will relates
to the individual necessities of the bene-
ficiaries (c) that the trustees are limit
ed to the relief of the necessities speei-
fed, namely those of sickness and old
age, Cd that SO long as they act within
their powers. honestly and in good faith,
their determination as to whether the
necessity for relief has arisen, and as TO
how much relief may properly be given,
Is conclusive.
8. The trust expressed in the pre-
ceding paragraph will continue until
! its expressed purposes have been fully
accomplished, unless all the bene-
6fciaries shall sooner release or waive
their right to claim under il. The
question to whom distribution shall
ultimately be made does not call for an
answer at this time.
o., Where testator in his will pro-
yided that in case of the death or
resignation of either of my trustees,
/ ask that the proper court appoint TO
fill the vacancy whoever may be NOM
mated by the surviving trustees the
power of nomination was not limited
to the trustees named in the will, but
extends to their successors.
10. When a testamentary trustee
declines, resigns. dies or is removed.
either the probate court or supreme
judicial court had jurisdiction to APP
point successor. But the probate
court is the more appropriate tribunal
for that purpose.
IL. The question of the legality of
the appointment of one of the plain
tic trustees is not open now, since the
case stipulates that the facts stated
in the bill are true and the bill all
leges that he was duly and legally
appointed to said trust"
Bill sustained. Decree in accord
ance with the opinion.
Reasonable solicitors fees and ex-
penses to be paid out of the siduary
estate, will be allowed by the justice
who settles the final decree, to all
parties who have appeared.
Reed. Nov. "a. 1913.
YORK COUNTY.