
    Sullivan,
    June 2, 1908.
    White River Lumber Co. v. Clark, Trustee, & a.
    
    Bill in Equity, praying for the appointment of a trustee to carry into effect a trust in land created by Franklin Pierce in 1863. The original trustee is dead, and the plaintiff claims to be the owner of an interest in the beneficial estate. A trustee was appointed, and Maxfield, claimant of an adverse title to the land, excepted. Transferred from the November term, 1907, of the superior court by Chamberlin, J.
    
      Jesse M. Barton and Edwin G. Eastman, for the plaintiff.
    
      George R. Brown, for Maxfield.
   Peaslee, J.

The adverse claimant has no such interest in the trust estate as to entitle him to be heard upon the question of the appointment of a trustee.' If, as he claims, he has title to the real estate in question, that fact can be shown when the trustee proceeds against him, or he against the trustee. It is not now in issue.

Exception overruled.

All concurred.  