French v. Westgate
Supreme Court of New Hampshire
Bill in Equity, praying for an order requiring the defendant Westgate to sell the real estate hereinafter mentioned, for damages for his failure to seasonably execute a trust, and for an accounting. Facts found, and case transferred from the February term, 1902, of the superior court, by Young, J. • Joseph.
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Bill in Equity, praying for an order requiring the defendant Westgate to sell the real estate hereinafter mentioned, for damages for his failure to seasonably execute a trust, and for an accounting. Facts found, and case transferred from the February term, 1902, of the superior court, by Young, J. • Joseph. W. French, who died testate, devised to Westgate two tracts of land, known respectively as the sixteen-acre lot and the Briar Hill farm, “ in trust nevertheless for the uses and purposes following: To have and to hold the same until such time as my son, Nahum W. French [the plaintiff], and…
1Opinion of the CourtParsons, C. J.
It lias already been decided in this case that the will created in Westgate “a trust coupled with a power.” French v. Westgate, 70 N. H. 229, 230. The authority to sell does not appear to be limited to making sale as the agent of the son and'daughter, or under their direction or control. The provision indicates that for some reason the testator desired to employ for his children the skill, judgment, and experience of the trustee in making sale of the property. The agreement of the son and daughter “ to have the same sold,” when made, instead of wholly terminating the trust, furnished the…
2Cases cited2 opinions
- Wilson v. SullivanSupreme Court of New Hampshire · 1878
- French v. WestgateSupreme Court of New Hampshire · 1899