Read v. Power
This text of 12 R.I. 16 (Read v. Power) 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.
Opinion
That where an absolute interest is given to the cestuis que trust, without any control in the trustee, it is, as a general rule, alienable, is pretty well settled. Perry on Trusts, §§ 386-388 ; 1 Cruise Dig. *407, *843.
In the present case we cannot consider the estate as executed in the cestui, because the trustee has still a duty to perform, i. e. to convey the estate upon a certain event which, it is agreed, has happened.
Where the cestui has occupied for a long time, a court will, in some cases, direct a jury to presume a conveyance from the trustee, if necessary to perfect the legal title; and where a court would direct a jury to do it, the court may well act themselves upon the same presumption. 1 Cruise Dig. *415.
In the present case we do not think the circumstances would warrant acting upon any such presumption.
A decree may be made for a specific performance of an agreement to convey an equitable estate if it be so expressed in the agreement. Sugden Vend. & Pur. cap. 8, sec. 2, § 2. In the 8th Amer. ed., by Perkins, cap. 5, sec. 3, § 50.
But as in this case the agreement does not specify it to be an equitable estate, the purchaser is entitled, if he chooses, to have the estate perfected by a conveyance from the trustees, at the expense of the vendor, otherwise he ought not to be obliged to accept the title.
Note. — For a commentary on this case see Amer. Law Register, N. S., vol. 17, p. 561. September, 1878.
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12 R.I. 16, 1878 R.I. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/read-v-power-ri-1878.