Helfrich v. Dandy

Urner, J., delivered the opinion of the Court. In this amicable suit for the specific performance of a contract for the sale of certain real estate in Baltimore, the question is whether the vendor is able to convey to the purchaser a good and marketable title. The property was acquired by the vendor in 1923 by conveyance from the trustee under a deed of trust executed, in 1915, by Harry P. Golds-borough and wife, vesting a large estate in the trustee for the joint benefit of the grantors for life, with remainder to their ten children. The deed from the trustee to the present cendor was executed about two years after both of the life estates granted by the deed of trust had expired.

A doubt has been expressed by the present purchaser as to whether the trustee was authorized to make a sale of the property at that time. It appears from the agreed statement of facts in the record that the trustee had no earlier opportunity to make the sale advantageously, and that the property was not susceptible of an equal division in accordance with the terms of the trust. The following are the only provisions of the deed of trust which need be quoted for the purposes of this inquiry. . “Upon the death of the last survivor of the grantors herein this trust shall forthwith terminate and the entire estate shall be equally divided among the ten children of the said Harry P. Goldsborough and Helena Goldsborough, his wife, share and share alike.” “The said trustee shall not be required to give bond for the faithful performance of his trust and shall have full power at any or all times to sell and dispose of any of the property, real, personal and mixed, hereby conveyed to him ³⁴⁰ or which may at any time be a portion of this estate with the sanction of any court nor shall