Massey v. Stout
Court of Chancery of Delaware
Bill in Equity for the Removal of a Trustee and FOR AN INJUNCTION.—This bill is filed for the removal of the defendant, Edmund Stout, from his trusteeship of certain funds held by him under the residuary clause of the will of John Chambers, deceased, for the use of the complainants, Hester Ann Massey and Luanor F. Barrett, during their respective lives, and afterwards, for their children.
Read the full summary
Bill in Equity for the Removal of a Trustee and FOR AN INJUNCTION.—This bill is filed for the removal of the defendant, Edmund Stout, from his trusteeship of certain funds held by him under the residuary clause of the will of John Chambers, deceased, for the use of the complainants, Hester Ann Massey and Luanor F. Barrett, during their respective lives, and afterwards, for their children. The trust fund for each of said complainants consists of $1570.09!, it being on'e-fourth part of the clear residue of the testator’s estate, each being a residuary devisee of one-fourth part. The will…
1Opinion of the Court
The Chancellor :—
The Court of Chancery has exercised its. power for the removal of trustees appointed by will or deed very sparingly. The principle maintained is, that there must be a clear necessity for its interference, in order to secure the trust fund against loss or misapplication. The instances of removal furnished by adjudged cases are found, on examination, to proceed upon grounds, such as these, Viz :—Some personal disability to execute the office, such as arises from ill health, old age, mental infirmity, removal abroad, or marriage of a female trustee. So, also, abandonment or…
2Cases cited2 opinions
- Webb v. DietrichSupreme Court of Pennsylvania · 1844
- Gray v. PattonCourt of Appeals of Kentucky · 1841
3Cited by10 opinions
- Hartt v. HarttWyoming Supreme Court · 1956
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- In re the Trust Estate of CatellCourt of Chancery of Delaware · 1944
- Murdoch, State's Attorney v. ElliotSupreme Court of Connecticut · 1904
- Massey v. St. Joseph Bank and Trust Co.Indiana Court of Appeals · 1980
5 more not listed; retrieve them via the Exa API.