Ready v. Hamm

Citations

• 46 Miss. 422

Syllabus

<p>1. TRUSTS AND TRUSTEES— WHEN TRUSTEE MAY BE SUBSTITUTED. — It ÍS only by virtue of express power, conferred in. the deed, that the cestui que trust can make an appointment, where the trustee dies, resigns, or declines to perform his duty.</p> <p>2. Same — where no power — jurisdiction of equity. — If there be no instrument conferring the power, a court of equity, which has plenary jurisdiction over trusts, and never permits them to fail for want of a trustee, must be applied to, to supply the omission.</p> <p>3. Same —rights oe administrator of trustee. — In case of a trust coupled with an interest, on the death of the trustee his administrator has no interest either in the legal estate or the execution of the trust; and if he attempt to make a sale, under the deed of trust, he may be restrained at the suit of the cestui que trust, or those having an interest in the property.</p> <p>i. Dower — estate created before marriage, not subject to dower. — The widow’s dower being a derivative from the husband’s title, cannot be so assigned to her as to defeat incumbrances created by the husband before the marriage.</p> <p>5. Same — same—case at bar. — The grantor carved out an estate for life for himself, and conveyed the fee simple, in trust,-to pay debts, with remainder to his grand-daughter, second cestui qua trust, after the debts were paid. The grantor afterward married, and died: Held, His widow could not be endowed of the lands, in the first instance, but she might pay off the deed of trust and then be endowed.</p> <p>6. Chancery court — clouds on title — widow and administratrix may maintain bill to prevent. — A widow, who is administratrix of her de ■ ceased husband’s estate, has such interest in land incumbered by a deed of trust, executed by the husband before marriage, as will enable her to protect the title from confusion and clouds, by restraining the administrator of the deceased trustee from intermeddling with it or the trusts connected with it.</p>