Colonial Trust Co. v. Brown

135 A. 555 (1926)

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Nature of the Case

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Facts

A will established a trust that consisted of land. The will restricted the height of buildings on the land to three stories and limited all leases to one year. The trustee was to pay certain long-term annuities and then to distribute that remainder among the heirs of the blood of the testator's father per stirpes. One of the properties was located in the heart of the financial and retail district of Waterbury. There were several old buildings on that land with an increasing cost of upkeep. If the properties were improved and leases were longer, more desirable tenants could be obtained along with a greater return on the trust assets. The trustee asked to determine if these restrictions were still binding upon him.