Wilson v. Snow

Citations

• 228 U.S. 217
• 33 S. Ct. 487
• 57 L. Ed. 807
• 1913 U.S. LEXIS 2367

Syllabus

<p>The rule that an ancient deed to property in continuous possession of the person producing it proves itself on the theory that the witnesses are dead and it is impossible to produce testimony showing execution by the grantor, .is broad enough to admit, without production of the power of attorney,' ancient deeds purporting to have been signed by agents.</p> <p>The other necessary facts being present, and the possession of the property being consistent with its terms and the original records having been lost, a deed, Over forty years old containing recitals that it was executed by an administrator under power of sale given by order of the court, will be presumed to have been executed in accordance with such recitals.</p> <p>Quaere, what rulé obtains in the District of Columbia as to whether the power to convey given to two persons named in a will maybe executed by the survivor when the designation as executors is descriptive of the persons and not of the capacity in which they are to act.</p> <p>In the District of Columbia a power of sale given to more than one person named in a will as executors, coupled with the active and continuing duty of managing the property, making disposition thereof and changing investments for the benefit of the family of testator, is not a mere naked power to sell, but one that creates a trust which survives and can be executed by the survivor.</p> <p>Where the duties imposed upon executors .are active and render the possession of the estate convenient and reasonably necessary, they will be deemed trustees for- the performance of those duties to the same extent as though declared so to be in the most explicit terms. 35 App. D. C. 562, affirmed.</p>