McClure v. McClure

I cannot agree with the disposition of this case. 'The extent of the duties and powers of a trustee depends upon the terms of the trust, and we have held that a court should restrict a trustee’s powers to those conferred in the trust instrument; further, that mandatory language must be given full effect. Patterson v. Polk, 229 Ark. 272, 317 S. W. 2d 286. In that ease, we said:

“The distinction between mandatory and precatory words in wills and trust instruments could make a treatise in itself. In wills and trust instruments, directions are held to be mandatory when such words direct, command,…