In Re Blakely

Supreme Court of Rhode Island

In Re Blakely

33 A. 518, 19 R.I. 324, 1896 R.I. LEXIS 1

DecidedJanuary 3, 1896

StatusPublished

This text of 33 A. 518 (In Re Blakely) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Blakely, 33 A. 518, 19 R.I. 324, 1896 R.I. LEXIS 1 (R.I. 1896).

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Opinion

Per Curiam.

We are of the opinion that the discretionary powers conferred by the testator on the original trustee were intended by the testator to be annexed to the office of trustee, rather than to be personal to the original trustee, and, hence, that they can be exercised by the new trustee. Our reasons for this opinion are, 1st, that there is nothing in the language to show that the powers *326 conferred were because of any peculiar confidence reposed by the testator in the person originally named as trustee, and, 2nd, to withhold the exercise of the discretionary powers by the new trustee, would have the effect to defeat the object of the trust. Burdick v. Goddard, 11 R. I. 516, 518.

Walter H. Barney, for petitioners.

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Per Curiam.

We are of the opinion that the discretionary powers conferred by the testator on the original trustee were intended by the testator to be annexed to the office of trustee, rather than to be personal to the original trustee, and, hence, that they can be exercised by the new trustee. Our reasons for this opinion are, 1st, that there is nothing in the language to show that the powers *326 conferred were because of any peculiar confidence reposed by the testator in the person originally named as trustee, and, 2nd, to withhold the exercise of the discretionary powers by the new trustee, would have the effect to defeat the object of the trust. Burdick v. Goddard, 11 R. I. 516, 518.

Walter H. Barney, for petitioners.

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Bluebook (online)

33 A. 518, 19 R.I. 324, 1896 R.I. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-blakely-ri-1896.