Summary

Horace Gray Hayes v. Pratt — Opinion of the Court

And it is doubtful, to say the least, whether the trust is not such a personal confidence reposed by the testator in the persons named that it would in no event pass to an administrator with the will annexed, but must, if all those named in the will should die before full performance of the trust, be executed by a trustee specially appointed for the purpose.
Source: Wikisource

Horace Gray Hayes v. Pratt — Opinion of the Court

The execution of this trust was committed by the testator to the executors named in the will,-first, to Jabez W. Hayes and Lewis E. Wells, and, next, in the event of the death of either or both of these, to Dundas Pratt and Horace H. Nichols, successively. So long as any one of the four is living, and has not declined the office of executor, or been shown to be unsuitable, no other person can execute the trust.
Source: Wikisource

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