Nickels v. Philips
Supreme Court of Florida
Appellants filed a bill against Philips for the purpose of procuring his removal from the office of trustee. William Nickels in 1868 purchased and caused to be conveyed to Philips, as trustee, certain lots in Marianna to hold “ for the sole and separate use, benefit and behoof of the said Catharine Nickels, wife of William Nickels, during her life, and for the use, benefit and behoof of Louisa M. Nickels and Charles Nickels.”
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Appellants filed a bill against Philips for the purpose of procuring his removal from the office of trustee. William Nickels in 1868 purchased and caused to be conveyed to Philips, as trustee, certain lots in Marianna to hold “ for the sole and separate use, benefit and behoof of the said Catharine Nickels, wife of William Nickels, during her life, and for the use, benefit and behoof of Louisa M. Nickels and Charles Nickels.” Charles Nickels is dead, and Catharine Nickels and Louisa M. Nickels are the remaining beneficiaries, and, together with William Nickels, are in possession of the…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
The- courts have sometimes removed a joint-trustee “ upon the ground that the other'co-trustees would.not act with him, for in a case where a trust is to be executed, if the parties have become so hostile to each other that they will not act together, the danger to the due execution of the trust and the due disposition of the trust fund requires such an interposition to prevent irreparable mischief. In cases of positive misconduct courts of equity have no difficulty in interposing to remove trustees who have abused their trust.
“ It is not,…
2Cited by2 opinions
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- Wilson v. WilsonMassachusetts Supreme Judicial Court · 1888