Estate of James Campbell, Decsd.

DISSENTING OPINION OF

STAINBACK, J.

While realizing that dissenting opinions are futile and usually of little value, I cannot join with the majority of this court in their holding that the trustees of the Campbell Estate can under terms of the will make a binding lease for a period longer than the duration of the trust.

Not only has this court twice held that the will of the testator, James Campbell, did not empower the trustees of their own volition to execute leases that would be binding beyond the termination of the trust, but the trustees themselves have on at least one occasion formally…