French v. Lawrence
Supreme Court of New Hampshire
Bill in Equity, by the administrator de bonis non with will-annexed of the estate of Gideon Hardy, praying for advice as to his-duty under the will.
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Bill in Equity, by the administrator de bonis non with will-annexed of the estate of Gideon Hardy, praying for advice as to his-duty under the will. Transferred without a ruling from the-January term, 1911, of the superior court by Wallace, C. J. ■ The tenth clause of the will provides: “At my said wife’s decease, if any property is left after paying funeral expenses and liabilities, I desire the same to be divided into four equal parts, . . . one fourth to the feeble Congregational churches of New Hampshire.” Gideon’s heirs-at-law contend that this bequest is invalid because it cannot be…
1Opinion of the CourtYoung, J.
The mere statement of what is intended by prerogative power will demonstrate the fallacy of the defendants’ first contention. It is the custom in England, when a bequest is given to charity without specifying the particular purpose for which it is to be used, or when the purpose for which it is given is illegal, for the chancellor to designate a purpose for which the money shall be used. The chancellor in doing this is said to exercise prerogative power. The will designates the particular object Gideon desired to promote, and his purpose is legal (Webster v. Sughrow, 69 N. H, 380);…
2Cases cited3 opinions
- Haynes v. CarrSupreme Court of New Hampshire · 1900
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Webster v. SughrowSupreme Court of New Hampshire · 1898
3Cited by2 opinions
- Gagnon v. WellmanSupreme Court of New Hampshire · 1917
- In re Certain Scholarship FundsSupreme Court of New Hampshire · 1990