 | Virginia. Supreme Court of Appeals - 1886 - 986 pages
...suit. By this section we have, first, the legislative recognition of the familiar doctrine that courts of equity will not permit a trust to fail for want of a trustee; and second, the fact that the legislature had necessarily and prominently in view the subjects of charitable... | |
 | 1897 - 1164 pages
...2G1, 23 Atl. 732, and Heights Co. v. Oettlnger, 53 Md. 46, cited by appellees, are not applicable. A court of equity will not permit a trust to fail for want of trustees, and will appoint one to carry out the trust as far as he can, but it by no means follows... | |
 | 1915 - 1132 pages
...made use of are sufficient for that purpose. It is not material that he failed to designate a trustee. Equity will not permit a trust to fail for want of a trustee, but may appoint a trustee or assume the administration of the trust. 30 Cyc. 25. [12] The limitation... | |
 | 1912 - 1068 pages
...the trust by selling the property and investing the proceeds as directed, the trust continues, since equity will not permit a trust to fail for want of a trustee. [Ed. Note. — For other cases, see Wills, Dec. Dig. § 680.»] 4. TRUSTS (§ 191*)— TESTAMENTABT... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888 - 676 pages
...jurisdiction to appoint the relator as his successor, for it is a fundamental principle of equity that courts will not permit a trust to fail for want of a trustee. Judgment reversed, with instructions to overrule the demurrer to the complaint.' Filed April 13, 1888.... | |
 | Charles Fisk Beach (Jr.) - 1891 - 832 pages
...which will be administered by a court of equity in the absence of a trustee; the principle being that equity will not permit a trust to fail for want of a trustee. But here ihere was a trustee." McClaren v. Franciscus, (1869)43 Mo. 452; Remiugton v. SamanaBay Co.,... | |
 | 1892 - 704 pages
...to powers in trust (Id. 734, § 102). It is said by text and judicial writers to the effect that the court of equity will not permit a trust to fail for want of a trustee to execute it. This means that the power of appointment of a trustee will be exercised by the court... | |
 | Abraham Clark Freeman - 1895 - 1008 pages
...Concord RS Corp., 62 NH 537; 13 Am. St. Rep. 690; Seda v. Huble, 75 Iowa, 429; 9 Am. St. Rep. 495. Equity will not permit a trust to fail for want of a trustee: Moore v. Quince, 109 N. OL 85. EQUITY — OUSTER or JURISDICTION. — When a conrt of eqnity has assumed... | |
 | United States. Supreme Court - 1899 - 790 pages
...which will be administered by a court of equity in the absence of a trustee; the principle being that equity will not permit a trust to fail for want of a trustee." While it is true language has been frequently used to the effect that the assets of a corporation are... | |
 | 1900 - 1030 pages
...Hubbard, 96 Ala. 244, 11 So. 430, 17 LRA 377, and Shamokin Valley Ry. Co. v. Malone, 85 Pa. St. 36, equity will not permit a trust to fail for want of a trustee; Howe v. Robinson, 20 Fla. 356, creditors of dissolved insolvent corporation will be granted relief... | |
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In the absence of a trustee; the principle being that equity will not permit a trust to fail for want of a trustee. 
