Legal Opinion

McGill v. Young

Supreme Court of New Hampshire

Decided December 1, 1908PublishedCited by 2 opinions

Bill in Equity, for a further construction of the will of Emerson Furber. Transferred from the September term, 1907, of the superior court by Stone, J. The will is that considered in Demeritt v. Young, 72 N. H. 202. It now appears that the income of the estate is insufficient to enable the trustee to care for the testator’s son Frank.

1Opinion of the CourtYoung, J.

It was held in Demeritt v. Young, 72 N. H. 202, 204, that the testator intended to provide for the comfortable support of his son by giving the estate to the trustee to hold for that purpose, and that what was left at the son’s death should be divided among those more remotely related to the testator. The question now before the court is whether the testator intended to limit the money available for the support of the son to the net. income of the estate.

Although the testator says in the clause of his will in which the provision for the support of his son appears, that the trustee shall…

2Cases cited1 opinion

  1. Demeritt v. YoungSupreme Court of New Hampshire · 1903

3Cited by2 opinions

  1. McAfee v. ThomasOregon Supreme Court · 1927
  2. State Bank of Havana v. CordesAppellate Court of Illinois · 1988

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