Smissaert v. Prudential Insurance

This appeal possesses little merit and necessitates but slight consideration and statement.

Jacob H. Smissaert in 1889 executed a deed of trust on certain property to secure a certain amount of money, payable at a specified date. On its maturity there was an extension for a fixed time so that it ultimately fell due in 1894. There was a trustee and a successor in trust named in the trust deed, one Dryden and the other Ward, both of whom resigned and refused to execute the trust, although one was president and the other attorney of the insurance company which held the loan and for whose advances…