A Treatise On Extrinsic Evidence in Aid of the Interpretation of Wills

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& G, 546 ; Bernard v. Minshull, 1 Johns. 276.
' 1 Eden, 93.
' Bonser «. Kinnear, 2 Gif. 195 ; see Wells .«. Doane, 3 Gray, 201 ; «* jparte Payne, 3 You. & C. 636 ; 3 Jarm ; 343.
228 DEFINITENBSS OF OBJECT.
Where an inferest and not merely a power is trans- ferred to the trustee, any property not required for the purposes of the trust will thus sometimes belong to the trustee beneficially, and there will be no resulting trust for the testator's heir at law or next of kin.^ Even when the court wi
...ll execute the trust, yet, if it be a, trust by implication, that is to say, if an interest and not a mere power be given to the donee, he will during his life have all the incidents of propriety, as, for in- stance, the righ.t to fell timber.^ Indefiniteness of object, it must be remembered^ does not defeat a charitable use according to the pre- ceding rales.* The testamentary draftsman should carefully avoid all ambiguous directions, and state clearly, whether each trust was intended to be imperative, or was left wholly in the discretion of the trustee.

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