Pollock v. House & Hermann

In Pollock v. House & Hermann, 84 W.Va. 421, 100 S.E. 275 (1919), the circuit court substituted a trustee in lieu of the sole original trustee who died. In its discussion of the substitution, the Court stated: Apparently this substitution stands upon the authority of W.Va. Code 44-14-1. . . . The will of the decedent doubtless answers the description of the instrument embodied in the statute and falls within the scope of its provisions to the same extent as if it was a deed. But, whether this construction is a fair deduction from the language used or not, equity will not permit a trust to fail for want of a trustee, and in the absence of a provision in the creative instrument, whatever its character may be, a court of equity will substitute another trustee in his stead whenever necessary to carry into full fruition the purpose intended by the donor. Whelan v. Reilly, 3 W.Va. 597. So that, if a will appoints a trustee for infants and he dies, equity will substitute another in his stead, even without authorization by the will itself. Dunscomb v. Dunscomb (Va.) 12 Va. 11, 2 Hen. & M. 11. (Pollock, 84 W.Va. at 423-24, 100 S.E. at 276-77.)