Owen v. Busiel

1. The answer filed on behalf of the defendant, Phillips Exeter Academy, contains requests for advice upon three questions in addition to those submitted by the executors. Since “bills for direction and advice are maintainable only by fiduciaries” (McAllister v. Elliot, ante, 225), and since “questions are prospectively determined by a court of equity only in behalf of trustees who in the execution of a trust are entitled to its protection” (Glover v. Baker, 76 N. H. 393, 396), these questions have not been considered except so far as their subject-matter is involved in the requests of the…