A Treatise On the Law of Trusts And Trustees volume 2

Cover A Treatise On the Law of Trusts And Trustees volume 2
A Treatise On the Law of Trusts And Trustees volume 2
Jairus Ware Perry
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Eq. 330 ; Quarles v. Laty, 4 Munf. 251. If necessary, on good cause shown, the court will give the trustee leave to postpone a sale. Morris v. Morris, 4 Jur. (N. S. ) 802-804.
' Walker v. Shore, 19 Ves. 391 ; Hawkins v. Chappell, 1 Atk. G23.
406 TEUSTEES FOR SALE. [CHAP. XXV.
If, therefore, they neglect to sell without sufficient reason, they would be answerable for any depreciation, and would be decreed, to account for interest instead of rents.^ A trust " to sell with all convenient speed and
... within five years " is directory only, and the trustees can sell and make a good title after five years.^ But if the time of sale is so fixed as to be of the essence of the power, as by express directions, it must be executed as given and at the time appointed, ^ and if trustees for sale after a par- ticular date or event, anticipate the time, they will be respon- sible for all loss.^ § 772. But a power of sale or mortgage to raise portions should not be exercised until the money is wanted ; as, a power to raise a specific sum for A.

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