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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 421   View pdf image (33K)
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MURRAY VS. FEINOUR. 421
Feinour, though applied to, to make the application they de-
sired, of the trust estate in his hands, has refused to do so,
without the order and sanction of the court. And that the
trustee in the deed, Mr. Scott, and the complainants, are will-
ing that the premises in said deed mentioned, shall be conveyed
to said Thomas Feinour, upon the trusts mentioned in the will
of Charles Feinour, the elder.
The answer of Thomas Feinour admits the execution of the
will and deed spoken of in the bill, and that he holds the
property bequeathed in trust as alleged, and also about four
hundred and sixty-three dollars in money. That the property
conveyed by Charles Feinour, jun., is subject to an annual
ground rent of $33 75, that it is likewise incumbered by a
mortgage for five hundred dollars, and that there are arrears of
ground rent due of about one hundred and fourteen dollars.
The trustee further states that he considers the present invest-
ment in stocks, advantageous and secure, and beneficial alike,
according to their respective interests, to Mrs. Murray and her
children, and in view of the interests of all, the condition of
the property, the incumbrances upon it, and the danger to which
it would be exposed, if the rent and taxes should not be punc-
tually paid, he does not think it would be advisable to dispose
of the stocks, and invest the proceeds as purposed by the bill,
and therefore he shall not do so without the order and direction
of the court.
Some proof has been taken for the purpose of showing on
the one side, the expediency and advantage of disposing of the
stocks held in trust, and investing the proceeds as proposed by
the bill, and on the other, to show that it would be injudicious
so to do; but as for reasons entirely irrespective of this consid-
eration, I am of opinion the proposed change cannot be made;
I do not consider it necessary to examine the evidence to ascer-
tain the preponderance of proof either way. The will of Charles
Feinour, the elder, gives no power to the trustee to change the
investment, and, therefore, it is supposed to be clear, that if,
without an express authority from some competent tribunal, he
was to dispose of the stock and invest the money in other se-
37

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 421   View pdf image (33K)
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