Abbott v. Abbott
Supreme Court of New Hampshire
Petition for Partition. Transferred without ruling from the March term, 1911, of the superior court by Plummer, J., on an agreed statement of facts.
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Petition for Partition. Transferred without ruling from the March term, 1911, of the superior court by Plummer, J., on an agreed statement of facts. The will of the mother of Emma J. Abbott, one of the defendants, which has been duly proved and allowed, contained the following clause: “Fifth, I give, bequeath, and devise to my executor hereinafter named, in trust for the benefit of my daughter, Emma J. Abbott, the one half of the dwelling-house situated at No. 17 Laurel street, at Lákeport, in Laconia, N. IL, said trustee to expend the income thereof, at such times and in such amounts as may…
1Opinion of the CourtParsons, C. J.
Considering all the language employed by the testatrix to declare her purpose, it is plain she did not intend to devise the half of the dwelling-house claimed by the plaintiff under the execution sale to her executor merely for the use of her daughter. If this conclusion might be drawn from the first part of the devise, where the property is given to the executor in trust for the benefit of the daughter, it cannot be when the language used to define the duties and powers of the trustee is considered. The trustee is to administer the income and must have possession and control of the property…
2Cases cited1 opinion
- Barnes v. DowSupreme Court of Vermont · 1887
3Cited by4 opinions
- Eaton v. EatonSupreme Court of New Hampshire · 1926
- Parker v. CarpenterSupreme Court of New Hampshire · 1915
- Eaton v. EatonSupreme Court of New Hampshire · 1921
- Winslow v. StarkSupreme Court of New Hampshire · 1916