Carlton v. Henderson
Supreme Court of New Hampshire
Bill in Equity, involving the construction of the will of Cora C. Furber. Henderson was appointed by the probate court under clause four of the will as trustee in place of Edward E. Carlton who declined the trust.
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Bill in Equity, involving the construction of the will of Cora C. Furber. Henderson was appointed by the probate court under clause four of the will as trustee in place of Edward E. Carlton who declined the trust. That clause is as follows: “I give to my brother Walter Carlton of Alton, New Hampshire, the sum of ten thousand (10,000) dollars in Trust with said Edward E. Carlton of Springfield, Mass., the income thereof to be paid to said Walter Carlton as it accrues, and any part or the whole of the principal to be paid to said Walter Carlton at the discretion of said Edward E. Carlton, and…
1Opinion of the CourtPeaslee, J.
The primary inquiry here, as in the case of all wills, is what intent was expressed by the language used by the testatrix. No evidence was introduced and the case stands upon the language of the will. It is argued on behalf of Walter Carlton that the will gives the principal of the trust to him, independent of any decision to that effect by Edward. But a critical examination of the paragraph in question fails to produce any evidence to sustain the contention. The principal of the bequest goes either to Walter or to Walter E. In order for it to go to the former, Edward must pay it over, being…
2Cases cited1 opinion
- Hall v. HarveySupreme Court of New Hampshire · 1913
3Cited by1 opinion
- Fowler v. HancockSupreme Court of New Hampshire · 1938