Earl Granville v McNeile
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1849 |
| Date | 13 March 1849 |
| Court | High Court of Chancery |
English Reports Citation: 68 E.R. 64
HIGH COURT OF CHANCERY
S. C. 18 L. J. Ch. 164; 13 Jur. 252.
64 EARL GEANVILLE ,V. MOBILE 7 HARE, 156. [156] eakl granville v. M'NsiLE. March 9, 10, 13, 1849. [S. C. 18 L. J. Ch. 164; 13 Jur. 252.] A power contained in a settlement of real estate on trust for sale enabled one of the parties, his executors, administrators and assigns, on a vacancy to appoint a new trustee. The party so empowered died, having by his will named three executors, one of whom renounced probate ; and the vacancy in the trust having occurred, it was held that the two acting executors had power to appoint the new trustee. A bill by the parties beneficially interested under a settlement of real estate, on trust for sale and other purposes, together with parties who had been subsequently [157] nominated to be new trustees, in the place of deceased trustees, of the same settlement, for a conveyance of the trust property to the new trustees by the Defendants, the devisees of the last survivor of the original trustees; or if the Court should be of opinion that one of the persons so named as a new trustee had not been properly appointed, then that it might be referred to the Master to appoint a trustee. The question was whether a power of appointment given to a deceased person, " his executors, administrators or assigns," was well executed by the two acting executors appointed by the will of such deceased person, where three executors had been named in his will, and one of them had declined to act. Mr. F. Currey, for the Plaintiffs. Mr. Cairns, for the two acting executors of the deceased donee of the power. Mr. Stevens, for the devisees of the last survivor of the original trustees, in whom the legal estate was vested. The authorities cited were-Case in the Year Book, 15 Hen. 7, fol. 11, b.; S. C. Appendix No. 1 to Sugden on Powers; Yates v. Comptm (2 P. Wms. 308); Keates v. Burton (14 Ves. 434); Adams v. Taunton (5 Madd. 435); Eaton v. Smith (2 Beav. 236); 2 Sugden on Powers, 138, 139. the VlOE-CHANCELLOR [Sir James Wigram]. In this case, by a settlement of the llth of June 1833, a power was reserved to George Alexander Fullerton, his executors, administrators or assigns, in events which afterwards happened, to appoint a new trustee in [158] the place of Stone, an original trustee of the llth of June 1833. Stone died in 1844, having devised the trust estates, and the same are now vested in the devisees in trust under...
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Devitt v Kearney
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