Brooks v. Duckworth

DevxN, O. J.

By the express language of paragraph 28 of the will of Oliver D. Revell creating a charitable trust under the name of “Haywood Street Baptist Mission” and devising real property in Asheville to be used in connection therewith, the trustees were prohibited from mortgaging or disposing of the property. This provision clearly limited the right of the trustees in relation thereto, but would not prevent a court of equity from using its power, in a proper case, to modify the terms of the trust to the extent necessary to prevent the failure of the trust and to effectuate the primary…