clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 230   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

230 HIGH COURT OF CHANCERY.
court, appointing a new trustee to complete the trust. The bill
assumed that the -whole trust had become vacant by the death
of the acting trustee, David McKim, and prayed that a new
one should be appointed in his place, to whom the said ground
rents should be conveyed and personal property be transferred,
for the purpose of completing the trust left unexecuted by the
deceased trustee.
In the progress of the cause, a difference sprung up among
the parties in regard to the person who should be appointed
trustee, and then it was maintained by some of them that Mr.
Williams, stated to be the sole acting executor of the will of
David McKim, was virtute officii, the trustee under the will of
John McKim, Jr., so far as relates to that portion of the trust
fund which consists of personal estate. This is the question
which has been argued, and must be decided.
In the first place it may be observed that a separation of the
real from the personal estate constituting the trust fund, would
manifestly be in opposition to the will of the testator, and in-
terfere very materially with the objects of the will. The direc-
tion is, that the trustees or the survivor, or the person or per-
sons who may succeed them, may change the investments of the
stocks and the proceeds thereof, with any accumulations from
the income or profits of the fund generally. The whole is
entrusted to the same keeping, and the same judgment which
is to determine the propriety of selling and reinvesting the pro-
ceeds of the stocks is to decide upon the investment of the profits
of the fund generally.
If, therefore, this court should decide that the trust, so far
as the personal estate is concerned, has devolved upon Mr. Wil-
liams, as the executor of David McKim, by force of the words
in the will of John McKim, Jr., "the heirs, executors, and ad-
ministrators of the survivor," -which it is said gives the power
not only to the original trustee, but to the heirs, executors, and
administrators of the survivor of them, then it would follow if
the heirs of said David McKim were of age, that the trust as
to the real estate devolved upon them, and thus it would happen
that this property which the testator plainly designed should

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 230   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives