184 Iowa 1 | Iowa | 1918
“All the remaining portion of my property both real and personal, possessed at the time of my death, shall be turned over to my wife and my son, Charles G. Reeder, they to act as trustees', and as such to hold and manage the same for the benefit and support of my wife during her natural life the same as if I were living, and upon her death the property so held to be sold, whenever a sale can be made without sacrifice of price, and the proceeds distributed in equal portions, share and share alike, among my three sons.”
In the will, his widow and the said Charles G. Reeder were named as executors, and as such, qualified and gave bond, and entered upon the discharge of their duties. The widow elected to take under the will. On the 2d day of March, 1903, the widow and'Charles G-. Reeder made their report to the court, as executors of the will, and were discharged ; and on the same day, the court confirmed their appointment as trustees under the will, and as such they continued to act until the death of Sophia K. Reeder, the widow, in 1914, and Charles has continued to act as trustee ever since. All the real estate has been sold, except Lot 1 in Block 27, and the adjoining 40 feet of Lot 2 in Block 27, in Cedar Rapids, Iowa; and the plaintiff claims to have an advantageous offer for this property.
It appears that doubts have arisen as to the right of this plaintiff, as trustee, to sell the real estate. This action
P. W. Reeder was, at the time of his death, the owner of the land in controversy. He had a right to make such disposition of it as to him seemed best. He gave to his wife a life estate in the property, appointed his wife and his son trustees to hold and manage it during her life, the proceeds to be applied to the support and maintenance of the wife during her life- He further ordered that, upon the death of his wife, the property should be sold and the proceeds divided among his children. He did not by name designate the person intended by him to make the sale. He seems to have had special confidence in the son Charles G., and gave him the power, in connection with the wife, to hold, control, and manage the entire estate for the use and benefit of the wife during her life. He ordered the property sold, upon her death, and the proceeds divided. He made no specific devise of the remainder of the property. His intent was that the title to the property should not pass to his sons, and that someone having power to pass title should sell.
“I give to my wife a life estate in the property. I appoint my son Charles G., in connection with my wife, trustee, to manage and control the property during her life, for her use and benefit. Upon her death, I direct my son Charles to dispose of the property and divide the proceeds among my sons.”
We think there was power given to Charles to carry out this last provision of the will, after fully performing all the conditions imposed upon him during the life of his mother. It is true that power limited to the management and control of the estate does not include power to sell. This power must be found in the will, either expressly given or by necessary implication. We think the manifest intention of the testator is that the trustee to whom the control and management was given, was the one in whom the testator intended to vest the power of sale and distribution.
Where, in lieu of a distribution of the property held by a trustee, a direction is given that the property be sold and the proceeds distributed, there is implied a power, in the very direction so given, to sell and distribute the proceeds, to the end that the purposes of the will may be made effectual. No