Bishop v. Safe Deposit & Trust Co.

The appeal in this cause is from a decree to enforce the specific performance by the vendees of their contract to buy of the vendors a certain lot of land. The question is whether or not the vendors, who are trustees, can, without the joinder of the husband of a cestui que trust, convey to the vendees a good and merchantable title to the land sold and intended to be conveyed.

A certain Douglas H. Gordon was married on June 20th, 1897, to Elizabeth Clarke Gordon. He died on April 8th, 1918, leaving his wife surviving. By the eleventh paragraph of his will he devised and bequeathed to his wife,…