Parker v. Carpenter
Supreme Court of New Hampshire
Bill in Equity, by the trustee under the will of Calvin D. Carpenter, asking the advice of the court as to the rights of the defendants Allen, Wyman, and Bean in or to the trust property.
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Bill in Equity, by the trustee under the will of Calvin D. Carpenter, asking the advice of the court as to the rights of the defendants Allen, Wyman, and Bean in or to the trust property. Transferred from the May term, 1914, of the superior court by Pike, C. J. Calvin D. Carpenter died in 1895, leaving a will by which he gave the residue of his estate to the plaintiff in trust to pay over the income in his discretion to the testator’s two sons, Charles and William, “one half to each during the natural life of each, and at the decease of each to pay over and convey the half held in trust for…
1Opinion of the CourtYoung, J.
Allen took nothing by his levy, for Charles had no interest in or to the trust property. Abbott v. Abbott, 76 N. H. 225. His only right under Calvin’s will is the right to receive so much of the income of the fund set apart for his benefit as the trustee thinks will benefit him. Wolfman v. Webster, ante, 24. Consequently that was all he could assign to Wyman. In other words, the right Wyman took from Charles was the right to receive the amount of the order if the trustee thinks it should be paid.
The defendant Bean takes nothing under the will of Calvin, for she is not William’s child within…
2Cases cited1 opinion
- Abbott v. AbbottSupreme Court of New Hampshire · 1911
3Cited by8 opinions
- Mooney v. TollesSupreme Court of Connecticut · 1930
- Middletown Trust Co. v. GaffeySupreme Court of Connecticut · 1921
- Bradford v. JohnsonSupreme Court of North Carolina · 1953
- Huxley v. Security Trust Co.Court of Chancery of Delaware · 1943
- Ahlemeyer v. MillerSupreme Court of New Jersey · 1925
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