Miller v. Miller

Where a testator has appointed a testamentary guardian, without authority of law, for the estate of an infant to whom he has given property under the will, the practically unanimous view of the courts is that the nominee will take and hold the property; given to the infant as a trustee, whose authority and duty with respect to the trust are coextensive with the authority and duty of a guárdian. Campbell v. Mansfield, 104 Miss. 533, 61 South. 593, 45 L. R. A. (N. S.) 446, and note collecting and reviewing the cases. In New York the doctrine is qualified by denying the creation of a trust, and…