Trustees of the New Castle Common v. Gordy

The question certified concerns the power of Trustees of the New Castle Common, a corporation administering a charitable trust, to sell and convey certain land constituting a part of the •corpus of the trust. The sole parties to the cause below are the corporation and the persons that have contracted to buy the land.

It is the general rule that in any suit involving the existence or administration of a charitable trust the Attorney General is usually a necessary party.

In Story’s Equity Pleadings, Sec. 222, it is said:

“Hitherto we have spoken of cases, where private persons only are interested…