Russell v. Russell

The first question we propose to consider concerns the authority of the trustees to cause extensive and permanent improvements upon the premises in their charge. The plaintiffs in their brief quote from the note to 2 Perry on Trusts & Trustees (6th Ed.) § 477, a statement to the effect that American decisions show a strong tendency to modify the rule which forbids permanent and extensive improvements unless clearly authorized in the will or unless the expenditures are necessary to save the trust property from destruction or irreparable loss. This statement hardly seems borne out by the…