Bailey v. Burges
Supreme Court of Rhode Island
Bill in equity, to obtain the instructions of the Supreme Court as to the powers and duties of William M. Bailey, as trustee under a deed of trust originally made by Tristam Burges to Charles S. Bradley, under which the said William M. Bailey had been appointed trustee upon the resignation of the said Bradley. The case was first argued and determined at the March Term, 1871, of the court for this county.
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Bill in equity, to obtain the instructions of the Supreme Court as to the powers and duties of William M. Bailey, as trustee under a deed of trust originally made by Tristam Burges to Charles S. Bradley, under which the said William M. Bailey had been appointed trustee upon the resignation of the said Bradley. The case was first argued and determined at the March Term, 1871, of the court for this county. A reargument was had and a second opinion delivered confirming the first, at the March Term, 1872. Application having been made for further instructions the particulars of which will be found…
1Opinion of the Court
The question argued at the first hearing, and the clause of the deed of trust whose construction it was sought to obtain, are fully set out in the opinion of the court.
Markland, for the trustee, contended that the new trustee had all the powers of the former one, citing 1 Sugden on Powers, 153.
James Tillinghast, for Mrs. Sarah W. Burges, cited Ives v. Harris, 7 R.I. 416; Shelton v. Homer, 5 Met. 462;Tainter v. Clark, 13 Met. 220; Montgomery v. Milliken, 5 S. M. 151; Hall v. Irwin, 7 Ill. 176; Commonwealth v.Roxbury, 9 Gray 451; Minot v. Prescott, 14 Mass. 496;Stevens Wife v. Winship, 1 Pick.…
2Cases cited3 opinions
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Hall v. IrwinIllinois Supreme Court · 1845
- Ives, Trustee v. HarrisSupreme Court of Rhode Island · 1863