FUTURE INTERESTS-SUSPENSION OF POWER OF ALIENATION-EFFECT OF TRUSTEE'S POWER TO SELL AND REINVEST

Mann S. Ed., Douglas L.

Journal: Michigan Law Review

Volume: 49

First Page: 1239

Year: 1951

Bluebook Citation: 49 MICH. L. REV. 1239 (1951)

Author: Douglas L. Mann S Ed: all 5 publications


Abstract

Testatrix' will provided that the residue of her estate was to be held in trust for the benefit of her great-nephews and great-nieces. The income from the trust estate was to be paid to them each year and, when the youngest attained the age of fifty, the corpus was to be divided equally among them. Testatrix left two nephews surviving her. Held, the disposition was valid.

There was an implied power in the trustee to sell and reinvest the trust corpus, and therefore, the trust did not violate the statutory prohibition against suspension of the absolute power of alienation. In re Walker's Will, (Wis. 1950) 45 N.W. (2d) 94.

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