Allen v. Merrill

I am persuaded that the provisions of the will requiring that the estate be closed in five years after the death of the testator, in case the widow elected to take under the statute, fixed the duration of the trust, that it was not a directory provision and is not modified by any other clause of the will. I am also persuaded that on the termination of the period fixed by the testator for the duration of the trust the legal estate joined with the equitable estate in Dee Allen and made the lands subject to levy at the suit of his creditors. The trust in this case was an active one. 26 R. C. L.…