Stanley Matthews, Hewitt v. Phelps — Opinion of the Court
“ All powers to superintend, possess, manage, and control the property are conferred exclusively upon Henry W. Vick, 'as agent for said trustee and as agent and trustee for said Sarah Vick during her life, and as agent and trustee for her children after her death;' but to be regarded for the purposes of this deed, not merely as an agent, but also as a co-trustee. ”
Stanley Matthews, Hewitt v. Phelps — Opinion of the Court
“ It is charged in the bill that at this settlement Pearce admitted the balance to be due to the appellants as claimed, and that he surrendered possession to Phelps and wife upon an understanding and agreement with them that the debt should be paid out of the cotton crop then growing on the lands.It is manifest that the deed of trust from Mrs. Vick to Jonathan Pearce does not confer upon him or upon Henry W. Vick any power to charge the estate directly with the payment of any sums of money for any purpose whatever, with the single exception of a personal support and maintenance for the latter. ”
Stanley Matthews, Hewitt v. Phelps — Opinion of the Court
“ The grantor charges it with the payment of certain specified obligations, and there is no evidence of an intention to permit it to be incumbered by the trustee or by Vick.It is to be noted also that Jonathan Pearce is a trustee merely of the title, without any active duties in regard to the estate. The power to sell or exchange during his own lifetime the grantor reserves to herself, and after her death directs that it be exercised solely by her husband surviving her. ”
