Page:North Dakota Reports (vol. 1).pdf/249

 changed into personalty.” This is an accurate and comprehensive statement of the doctrine. The direction may be expressed. It may be implied. It may necessarily result from the other provisions of the will because indispensible to their execution. In the last case the conversion results on the principle that the testator must have intended that everything should be done essential to the execution of his scheme. A review of the authorities will be of little value in the determination of this question, because no two wills present the same features. See, however, Hobson v. Hale, 95 N. Y. 596; White v. Howard, 46 N. Y. 144; Gourley v. Campbell, 66 N. Y. 169; Chamberlain v. Taylor, 105.N. Y. 185, 11 N. E. Rep. 625; Hunt’s Appeal, 105 Pa. St. 129; Lindley’s Appeal, 102 Pa. St. 235; Cook v. Cook, 20 N. J. Eq. 375; King v. King, 13 R. I. 501; Com. v. Gordon, (Pa.) 7 Atl Rep. 229.

We will now examine the will to ascertain whether there is a direction to sell by implication, there being no express direction, and a sale not being absolutely essential to the execution of the testator’s purposes. After directing the payment of his debts and funeral expenses, and after making certain bequests, and giving his wife the use of certain real property, the testator gives, devises, and bequeaths to three trustees all the remainder of his property and estate, real, personal, and mixed, in trust, to take possession of, and hold, manage, and appropriate the same, and to collect all the rents, issues; profits, income, dividends, and gains thereof, “and to invest and keep invested the same, and every part of the capital thereof, so as to make the same as productive as reasonably may be.” He directs the trustees to preserve such investments and securities as he might leave so long as they deem prudent, and to make such new investments as they deem advisable and advantageous to his estate, giving them unlimited discretion to select any investments or securities, except two specified classes of securities, “with full power also, to the said trustees, to change any such investments, whether left by me or made by them, and to convert and reinvest the proceeds, whenever and as often as they, in their judgment and discretion, may think most to the advantage of my estate.” The income is to be paid to certain bene-