The Washington times., 1917-08-30

desire that his only heir at law, the
PLAINTIFF, should, as heretofore stated
have an important part in the admin.
| lstration of his estate. 1t Is also in
Gerable that he was advised that to
make the plaintiff a co-trustee would
menace the validity OF the spendthrift
trust created for the benefit of the
plaintiff. Coupled with this informa-
ton, as expressed in the paragraph
above quoted, is a direction to the ex-
ecutor and trustee appointed by the
will to consult with his son. the plain.
tiff, in all matters OF Importance re.
lating to the management OF his es-
tate.
Swayed by Fear of Obstacles.
at may be thus fairly stated that
It was the intention OF the testator
to have appointed his son as the trus-
tee of his estate had he not feared
legal difficulties or obstacles.
"In disposing OF the question raised
by the bill and answer It is not neces-
sary to determine whether the tesla.
tor was accurately advised as to the
existence of legal difficulties in ap-
pointing the plaintiff as one Of sew
eral trustees under hts will. 1t would
seem from the authorities that such
an appointment OF his son as a trustee
In connection with other or others
would not invalidate the trusts Gre
ated by the will but would simply In
cepacitate the plaintiff. II so appoint
ed' from exercising any discretion so
far as the spendthrift trust was con-
cerned.
Rodgers VS.. Rodgers, III N Y. 22s
Weeks VS.. FrankeI, 1877 n. Y. 3O4.
34T. '''"' p
1T Is neither important nor neces-
sary to discuss this question in dis
posing OF the matter under considera-
ton. The appointment by the court
OF the plaintiff as an executor at this
time could not affect the validity of
the spendthrift trust under any con-
sideration. The question here for de-
cision is simpliied by the expressed
willingness OF the defendant trustee
to have the plaintiff associated with
1t in the administration OF the trusts.
As to the Jurisdiction OF the court to
make such an appointment, there can
be no serious question.
May v. May Cited.
mo case recognizes the pIenary
power of equity in the matter of the
personnel OF trustees more fully than
May v. May, 166 U. s. $40. and in the
exercise OF this Jurisdiction Is in
cluded the power OF court OF equity
to increase or decrease the number
of trustees designated either by will
or a deed inter vivos. Without ex-
tending this memorandum unneces-
sarily. reference may be made to the
case OF Barker v. Barker IN. HI IL.
r A. N. S. sO2. which is accompanied
by a note with a full citation of au-
tborities upon this point.
"Inasmuch therefore as It Is evil
dent from the will of Mr.. Mclean
that he desired his son TO cooperate
in the administration of his estate,
and would have appointed him a trus-
tee for that purpose except for legal
obstacles: and also inasmuch as he
may now be appointed with no dan
ger OF legal obstacles preventing the
carrying out OF the terms OF the will.
and inasmuch as the trustee named
in the will practically invites his Ap-
poIntment as a co-trustes to secure
his aid In the management OF the
trustees, and inasmuch also as the
court has Jurisdiction to make the
appointment and believes that II will
be for the best interest OF the trust
estate, a decree will be signed ap-
pointing the plaintiff as a co-trustes
with the defendant American Security
and Trust Company.
DEGREES PrOprIety Accentunted.
"The propriety OF such a decree is
further accentuated by the fact that
both the plaintiff in his bill prays
that the court retain Jurisdiction OF
this case for the purpose OF giving In
struction to the trustees upon their
or upon the application OF
either OF them from time to time with
respect TO their duties and the admin
istration OF the trust and by the fur
ther fact that the American Security
and Trust Company in its answer
makes the same request OF the court, J
thus practically invoking the aid OF |
the court in the administration OF |
the trust.
"Inasmuch as the plaintiff is en-
titled under the terms OF the will to |
the income for life no bond will be |
required OF him at this time: but |
should II become necessary for the |
trustee to sell any part OF the corpus |
of the estate at any time, in their |
application should be /
made to the court to fix a bond to be |
given by tho plaintiff, to secure such |
proceeds os such sale or sales. as may /
come into his hands as trustee.
ASHLEY ". GOULD"