Doe v. Ettenheim

The following opinion was filed May 9, 1939:

Wicichem, J.

The question upon this appeal is whether the powers vested by decedent’s will in the original trustee are personal and discretionary or imperative in character. If personal and discretionary, it is clear from the authorities that they may not be exercised by the successor trustee.

“If upon such construction of the instrument it appears that a power lodged with the trustees in connection with the trust is a special confidence reposed in this particular trustee or set of trustees, or is to be exercised only upon his or their personal…