Mills v. Connor

Citations

• 104 Ohio St. (N.S.) 409

Syllabus

<p>Landlord and tenant — Lease a chattel interest — Title of personal representatives of deceased lessee — Testamentary trustees— Powers limited hy will, when — Operation of moving picture theater — Exercise of option to renew lease — Specific performance — Trustees cannot compel renewal, when.</p> <p>1. A lease for years, being a chattel interest, passes at the death of the lessee to the personal representative, who becomes, by virtue of his office, assignee of the term.</p> <p>2. Equity implies such powers in a trustee as are reasonably necessary to the discharge of the duties assigned by the instrument creating the trust; but when the powers and duties of a testamentary trustee are defined and limited by clear and express language of the will, he has no authority beyond that expressly conferred, and no power to act in other matters connected with the estate of the testator.</p> <p>3. Where the testator was the owner of a moving picture theater located on the first floor of a five-story building, all of which, with the exception of certain designated rooms, the testator held under lease for a term of ten years, with the option of a further lease of five years at a stipulated rental, and his will directed that such moving picture business “shall be conducted during the life of the lease on said building” by two persons named, they are not thereby authorized to execute such renewal lease.</p> <p>4. Under such circumstances an action for specific performance cannot be maintained by the persons named as such trustees to compel the lessor to execute to them a lease on said premises for an additional term of five years.</p>