Adams v. Page
Supreme Court of New Hampshire
Petition, by trustees under the will of Sally H. Proctor, for advice as to the disposition of the trust property. Transferred from the April term, 1910, of the superior court by Wallace, C. J. The clause of the will creating the trust is as follows: “All the rest, residue, and remainder of my estate, real, personal, and mixed, wherever found or however situate, I give, bequeath, and devise in trust forever to Charles W. Adams, Alvah W. Sulloway, Frank L. Morrison, Eugene S.…
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Petition, by trustees under the will of Sally H. Proctor, for advice as to the disposition of the trust property. Transferred from the April term, 1910, of the superior court by Wallace, C. J. The clause of the will creating the trust is as follows: “All the rest, residue, and remainder of my estate, real, personal, and mixed, wherever found or however situate, I give, bequeath, and devise in trust forever to Charles W. Adams, Alvah W. Sulloway, Frank L. Morrison, Eugene S. Daniell, and Frank N. Parsons, all of said Franklin, and their successors, for the establishment and. maintenance of a…
1Opinion of the CourtYoung, J.
The defendants contend that the bequest is void (1) because the scheme the testatrix devised for administering it broke down before the administration was begun, and (2) because it cannot be found that a desire to provide those living in Franklin with hospital accommodations induced her to make the bequest.
1. By cy pres is intended the duty of the court, when the donor’s scheme for administering a trust breaks down, to devise one for that purpose as nearly (cy pres) like his as may be. Adams Academy v. Adams, 65 N. H. 225; Edgerly v. Barker, 66 N. H. 434; Haynes v. Carr, 70 N. H. 463. In…
2Cases cited7 opinions
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- Haynes v. CarrSupreme Court of New Hampshire · 1900
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Trustees of Pembroke Academy v. Epsom School DistrictSupreme Court of New Hampshire · 1910
- Keene v. EastmanSupreme Court of New Hampshire · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Richards v. WilsonIndiana Supreme Court · 1916
- Village of Hinsdale v. Chicago City Missionary SocietyIllinois Supreme Court · 1940
- Hodge v. WellmanSupreme Court of Iowa · 1920
- Petition of Rochester Trust Co.Supreme Court of New Hampshire · 1946
- Gagnon v. WellmanSupreme Court of New Hampshire · 1917
1 more not listed; retrieve them via the Exa API.