The mortgagee of land, with the mortgage conditioned for the support of himself and his wife during their joint lives and the life of the survivor, is a trustee for that purpose, and on his death and condition of the mortgage broken the court will appoint a trustee to appropriate the land for the purposes of the trust.
ALLEN, J.
The mortgagee, Joseph Perkins, holding a security for his own benefit and the benefit of his wife, was a trustee of the fund constituting the security for the purposes declared, namely, his own support for life and the support of his wife.
For the complete execution of the trust, the court in a bill in equity will see that a trustee is not wanting. The mortgagee having died, and the fund not having been appropriated for the purpose declared, a trustee is appointed, and he is to be made a party in this bill. The trustee is empowered to appropriate the income of the land and so much of the principal as may be necessary for the support of the plaintiff, and to this end may make public or private sale of the land.
Case discharged.
SMITH, J., did not sit: the others concurred.