Discretionary powers conferred on a trustee by a will are to be regarded as annexed to the office of trustee rather than as being personal to the one named as trustee in the will, where there is nothing in the Language to show that the powers conferred were because of any peculiar confidence reposed in the person named as trustee, and the object of the trust would be defeated if the discretionary powers were withheld from a new trustee. A testator gave the residue of his estate to W. in trust for the use and benefit of his son A. or his children, the rents and income to be paid to him or to them according to the discretion of W. in such manner and at such times as he may think best. "And if said trustee thinks best he may at any time transfer the whole or any part of the property hereby given him in trust to my said son A. or to his children in fee simple, discharged of all trusts, according to his discretion." Held, that the discretionary powers conferred on W. were not personal to him but annexed to the office of trustee.
PER CURIAM.
We are of the opinion that the discretionary powers conferred by the testator on the original trustee were intended by the testator to be annexed to the office of trustee, rather than to be personal to the original trustee, and, hence, that they can be exercised by the new trustee. Our reasons for this opinion are, 1st, that there is nothing in the language to show that the powers conferred were because of any peculiar confidence reposed by the testator in the person originally named as trustee, and, 2nd, to withhold the exercise of the discretionary powers by the new trustee, would have the effect to defeat the object of the trust. Burdick v. Goddard, 11 R.I. 516, 518.