70 Md. 10 | Md. | 1889
delivered the opinion of the Court.
Robert E. Thompson and Annie his wife, in-October, eighteen hundred and seventy-five, conveyed certain real and leasehold estate to George E. Ballard. . The property was'conveyed in trust for purposes specifically set forth in the deed. At the time of the conveyance the leasehold estate was subject to a mortgage, and it was afterwards sold under proceedings appropriate to
In August, 1887, Robert and Alfred Thompson filed a bill in equity against Ballard, the trustee, and the persons to whom the contingent estates were limited in case of the death of Mrs. Thompson’s children, without issue as above stated. The bill prayed that the trustee might be discharged from the trust, and the trust declared to be at an end. Testimony was taken establishing these facts which have been mentioned. The Court dismissed the bill. The trust in favor of the husband is in these words: “in trust that the said trustee 'shall appropriate and apply the net rents, issues, incomes and profits derived from the said trust property and premises, to the use, benefit, support and maintenance of said’Robert E. Thompson, for and during and until the end of his natural life.”
Decree reversed, and decree discharging the trustee.