Weld v. Weld

50 A. 490, 23 R.I. 311, 1901 R.I. LEXIS 147
CourtSupreme Court of Rhode Island
DecidedSeptember 18, 1901
StatusPublished
Cited by3 cases

This text of 50 A. 490 (Weld v. Weld) 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
Weld v. Weld, 50 A. 490, 23 R.I. 311, 1901 R.I. LEXIS 147 (R.I. 1901).

Opinion

Per Curiam.

(1) The court is of opinion that the ‘‘ unlimited powers ” given to the trustees under the will of William G-. Weld mean full powers of management and of investment and of re-investment, except as to the railroad bonds, which are to be retained until they can be sold at par.

Subject to this exception, the trustees were to have full power of sale in their discretion.

If, however, it should appear at any time that said bonds were diminishing in value and that they should be sold to prevent shrinkage and loss to the estate, undoubtedly the court could order a sale, notwithstanding the provisions of the will, since the evident expectation of the testator was that the bonds were to appreciate and not-to. depreciate.

Pell v. Mercer, 14 R. I. 412, 431.

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Bluebook (online)
50 A. 490, 23 R.I. 311, 1901 R.I. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weld-v-weld-ri-1901.