Kimball v. Lancaster
Supreme Court of New Hampshire
Bill in Equity, for an adjudication of the conflicting claims of the defendants to a balance remaining in the hands of the plaintiff as trustee under the will of Charles Moody. ■ The following are the material provisions of the will: “2. I give and bequeath mito my said wife the income of all my remaining property, real, personal, and mixed, said property to be placed by my executor in the hands of John Kimball [the plaintiff], in trust for the use and benefit of my said…
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Bill in Equity, for an adjudication of the conflicting claims of the defendants to a balance remaining in the hands of the plaintiff as trustee under the will of Charles Moody. ■ The following are the material provisions of the will: “2. I give and bequeath mito my said wife the income of all my remaining property, real, personal, and mixed, said property to be placed by my executor in the hands of John Kimball [the plaintiff], in trust for the use and benefit of my said wife during her life, — provided, if in the judgment of said trustee the income of said property is not sufficient for the…
1Opinion of the CourtDob, C. J.
The interpretation of a will is the ascertainment of the testator’s intention ; and the question of intention is ordinarily determined as a question of fact by the natural weight of competent evidence. Rice v. Society, 56 N. H. 191, 197, 198, 203; Brown v. Bartlett, 58 N. H. 511. In this case there is no statute that defeats the testator’s intention; and a legal rule, having that effect, cannot be invented by the court, and cannot be enforced unless shown to have been duly enacted by a body authorized to make law. There is a balance in the trustee’s hands, which has been held and used,…
2Cases cited2 opinions
- Brown v. BartlettSupreme Court of New Hampshire · 1879
- Rice v. Boston Port & Seaman's Aid SocietySupreme Court of New Hampshire · 1875
3Cited by4 opinions
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Burpee v. PickardSupreme Court of New Hampshire · 1947
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888
- Westgate v. HaverhillSupreme Court of New Hampshire · 1896