2  Piatt  V.  Vattier,  9  Peters,  E.  405,  and  eases  there  cited;  1  Fonbl.  Eq.  B.  1,
ch.  4,  §  27,  note  (?)  ;   1  Madd.  Ch.  Pr.  365.
3  1  Madd.  Ch.  Pr.  363,  364  ;  2  Fonbl.  Eq.  B.  2,  ch.  7,  §  1,  and  note  (a)  ;  Pye
V.  George,  1  P.  Will.  129  ;  Saunders  w  Dehew,  2  Tern.  271.
4  Ibid.  #


288  EQUITY    JURISPRUDENCE.      •  [cH.
XXIV.
to  bind  the  jestate  of  the  cestui  que  trusty  has  been  a  matter  of
considerable  diversity  of  judgment.^

§  978.  What  powers  may  be  properly  exercised  over  trust
property,  by  a  trustee,  depends  upon  the  nature  of  the  trust,
and  sometimes  upon  the  character  and  situation  of  the  cestui
que  trust.  Where  the  cestui  que  trust  is  of  age,  or  sui  juris,
the  trustee  has  no  right  (unless  express  power  is  given^  to
change  the  nature  of  the  estate,  as  by  converting  land  into
money,  or  money  into  land,  so  as  to  bind  the  cestui  que  trust.
But  where  the  cestui  que  trust  is  not  of  age,  or  sui  juris,  it  is
frequently  necessary  to  his  interests  that  the  trustee  should
possess  the  power  ;  and  in  case  his  interests  require  the  conver-
sion, the  acts  of  the  trustee,  bona  fide  done  for  such  a  purpose,
seem  to  be  justifiable.^

§  979-  It  has,  also,  been  laid  down,  as  a  general  rule,  that
the  cestui  que  trust  may  call  upon  the  trustee  for  a  conveyance
to  execute  the  trust ;  ^  and  that,  what  the  trustee  may  be  com-
pelled to  do  by  a  suit,  he  may  voluntarily  do  without  a  suit.
