Legal Opinion

Smithson v. Callahan

Court of Appeals for the D.C. Circuit

Decided February 28, 1944No. 8589PublishedCited by 1 opinion

1Opinion of the Court

EDGERTON, Associate Justice.

The will of Benjamin E. Smithson created a trust, named a trustee, and gave her broad powers of management. It did not require her to obtain the consent of a court to purchases or sales of trust property. It did not require her to account to a court. She sought and obtained from the District Court certain- instructions which are not here material. She also asked the court to approve and ratify her administration of the trust, allow her a commission, accept her resignation, and appoint a new trustee. The court did so. Her successor qualified and gave bond.

This…

2Cases cited1 opinion

  1. Kenaday v. EdwardsSupreme Court of the United States · 1890

3Cited by1 opinion

  1. Falkner v. Southwestern Savings & Loan Ass'n of HoustonCourt of Appeals of Texas · 1958

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