Foster v. Dutton

Section 13 of chapter 309 of the Public Laws provides that the judge of probate, on application of a trustee, may “authorize and require the trustee to sell any property holden in trust, and to invest the proceeds of the sale in such manner as will be most for the interest of all persons concerned therein.”

If the defendant’s contention is correct, the clause of the will relating to the termination of the trust constitutes a prohibition during the beneficiary’s lifetime against the sale of any of the real estate devised to the trustees even if sold under the authority of the statute— and this…