In re the Trusts under the Last Will & Testament of McCaulley

The Chancellor.

The petitioner represents that it has attempted to sell the piece of land now remaining in the trust, but that it has been unable to do so, and indicates that its inability is due to the fact that the right of the petitioner as trustee to make a sale under the terms of the will has been questioned. Wherefore, the trustee asks for an order as prayed.

In creating the trust, the testator devised to his trustees all his lands in fee simple. His language does not speak in terms of a power. It is the language of a devise. While, in defining the terms of the trust, he does not…