[1] "Tbust—Termination Before Fixed Period.—Where the beneficiaries of a trust are all sm juris, and seek the termination of the trust, a court of equity may terminate the same even if the period for such termination fixed by the instrument creating the trust has not yet arrived.

[2] Id.—Limitations of Bule.—Where the trust is a spendthrift trust, or where the settler made known, expressly or plainly, his intention that such' power should not exist, or where discretion as to the amount of the income to be devoted to the needs of the beneficiary is vested in the trustee, or where the effect of the trust is to direct accumulations of the income until a fixed time, the trust cannot be terminated by the court during the period fixed by the trustor,- even where all the beneficiaries are sm juris and consent thereto.

[3] Id.—Trust Created by Will—Nature and Character of Investments — Discretion of Trustee—Dase Within General Bule.—Where the only discretion vested in the trustee in a trust created by a will is as to the nature and character of the investments to be made, such provision is' insufficient to take the ease out of the general rule.

[4] Id.—Termination of Trust—Discretion of Court.—The termination of such a trust is discretionary with the court.

. [5] Common Law of England —- Conflict Between American and English Decisions—Bulb.—The enactment by the legislature in 1850 and the re-enactment of 1872 of the statute making the common law of England the rule of interpretation in this state ought not to be taken as requiring the courts to follow the current decisions of English courts where such decisions differ from the American rule, for these decisions were not in contemplation by the legislature when the statute was adopted.

[6] Trust—Termination—Sterility of Beneficiary—Conflict of Decisions—Adoption of American Bulb.—In view of the conflict between the American and English decisions on the subject of the termination of a trust by a court of equity upon the presumption that the beneficiary has ceased to have the capacity of child-bearing, the American rule that it is never presumed that a woman, no matter how aged, is incapable of bearing children, is adopted.

1. Termination of trust by agreement of all parties interested, note, Ann. Cas. 1915B, 723.

Power of court to hasten enjoyment of trust fund, note, 46 L. B. A. (N. S.) 43.

6. Doctrine as to possibility of issue extinct as affecting termination of trust, note, 48 L. B. A. (N. S.) 873.

■ [7] Id.—Trust Under Will—Age and Sterility of Beneficiary— Erroneous Termination.—A decree terminating a trust created by a will which provided for the payment of the income of the trust fund to the daughter of -the trustor during her lifetime and for an equal division of the fund with all accumulations upon her death between her children, was erroneously terminated by a court of equity at the instance of the daughter and her only child' during her lifetime, on the sole ground that by reason of the age and sterility of the daughter, there was no possibility of her having any more children.

[8] Id.—Appeal—Bight of Trustee.—The contention that the trustee cannot raise the question, or appeal, by reason of a lack of interest in the subject matter is not well taken.