Duckworth v. Ocean Steamship Co.

Atkinson, Justice.

Tbe plaintiffs sued in tbeir capacity as trustees under tbe will of William Battersby. Tbe testator resided in England. By bis will be named certain persons resident-in England, and certain persons resident in tbis State, as executors and trustees to bold tbe property and dispose of it in accordance with tbe directions contained in tbe will. He-does not appear to have distinguished between those duties which were appropriate to be performed by tbe persons as executors, or those which might bave been appropriately *195performed as trustees of any property which may have remained…