Keister v. Scott

Yellott, J., delivered the opinion of the Court. This appeal is from a pro forma decree of the Circuit Court of Baltimore City granting the relief invoked in a bill for specific performance. James W. Scott, the husband of the appellee, died seised of the real estate now in controversy, and which is situate in the City of Baltimore. Holding this and other property in fee simple, he devised to his wife, the appellee, for her life, all his property of every description, with power to her, at her option, to convey to each of his three sons one-third of his property on his arrival at the . age of thirty-three years, and, in default of such conveyance, cross-remainders were given in the estate to said sons, with remainders in fee simple to their children, and in the event of there being no such children, then to those who would take an estate in fee simple by descent from the devisor.

By the third clause in his will the testator authorized and empowered his said wife to sell and convey all his property in the City of Baltimore, and to invest the proceeds in productive property in the city or county of St. Louis. In the execution of this power the appellee sold to the appellant a valuable lot which he now refuses to take, notwithstanding his written agreement to do so; alleging that by the mere legal effect of the third clause in the will, creating the power to sell, it is rendered incumbent on him to see to the application of the purchase money. ⁵⁰⁹ This is the sole question in controversy, and its solution is dependent upon the application of principles recognized and established by numerous authorities. Story, in his work on Equity Jurisprudence says that whenever the trust is of a general and unlimited nature the purchaser need not see to the application of the fund created by the sale. And in delivering the opinion of the Supreme-Court in the case of Wormley vs. Wormley, 8 Wheaton, 442 , the same eminent Judge says: “Where the trust is defined in its object, and the purchase money is to be re-invested upon trusts which require time and discretion, or