Ligon v. Foster

Citations

• 63 Miss. 241

Syllabus

<p>Trustee. Under will. Removal of. Appointment of cestui qm trust. Purpose of testator.</p> <p>M. died, leaving property to L. in trust for the benefit of his daughter A. and her children. The purpose of the testator, as clearly expressed in his will, was to prevent A. from having the control and direction of the property, and that the trustee should protect the interests of the children. A. filed a bill in chancery for the purpose of having L. removed as trustee and herself appointed to execute such trust. L. answered, expressing his wish to be relieved of the trust. And the Chancellor removed him and appointed A. in his place. Held,, that if it was proper to relieve L. of the trust, some third person should have been appointed to execute the trust under the directions of the court and in pursuance of the will, and not A., against whose management the testator wished to guard.</p>