In re the Estate of O'Hare

Feely, S.

On a proposed substitution of testamentary trustees the question has arisen whether the substitute will have all the powers of its predecessors. This depends mostly upon the object the testator or creator of the trust had in view; but often the manner in which testators express their intentions gives rise to some uncertainty; and so, each case is said to depend on its own peculiarities. The object to be attained being ever of more importance than the means through which it is to be effectuated; and the presumption being that a benefit was meant to be conferred, rather than to be…