Hanford v. Clancy

Assumpsit is not the appropriate form of action by which to enforce a trust of this nature. 65 C. J. 996, et seq. The plaintiff should have brought a bill in equity (Portsmouth v. Shackford, 46 N. H. 423), but this defect is not insurmountable, (P. L., c. 334, s. 9), and so the merits of the controversy are before us for consideration.

The basis of the plaintiff’s contention, and also of the ruling of the court, is that the ward, Julia J. O’Shea, is possessed of property, using that word in its ordinary sense. This is error.

The words of the will are clear and explicit. The testator plainly…