Estate of Hunt

The facts involved in this controversy are somewhat complicated, but so far only as relates to this decision it may be sufficient to state that by the will of John W. Hunt the residue of his estate was given, bequeathed and devised to two named persons in trust “for the purpose of using the proceeds therefrom in establishing and maintaining such charitable and benevolent institution as they may see fit, as a memorial” to said Hunt. Following the death of the testator several different actions were brought for the ultimate purpose of testing the validity of such trust: In the federal court, where one of such actions was instituted, the identical persons (or their predecessors in interest) who are parties to the proceeding on which the instant appeal is based, were made parties, and the complaint or bill in effect included the allegation that the trust in question was void for the reason that had the trustees died or resigned, or refused to act, or disagreed, before acceptance of the trust, or after its acceptance, but before executing the terms of the will, neither the court, nor any substituted trustee appointed by the court, could administer the trust fund. Before either of said…