Smith v. Patch
Supreme Court of New Hampshire
Petition, by the trustee under the will of Parker P. Patch, for advice as to the persons entitled to share in a trust fund created by the will and the time of distribution.
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Petition, by the trustee under the will of Parker P. Patch, for advice as to the persons entitled to share in a trust fund created by the will and the time of distribution. Transferred from the January term, 1913, of the superior court by Mitchell, J. The trust is created by the sixth clause of the will, as follows: “I give, devise, and bequeath the sum of two thousand dollars to George W. S. Dow, of said Hennilcer, to hold in trust for the benefit of my wife, . . . to be held by him for her benefit so long as she remains my widow. ... At her decease the residue is to be divided among my…
1Opinion of the CourtYoung, J.
The answer to both questions as to which the advice of the court is asked depends on the testator’s intention. Jewell v. Appolonio, 75 N. H. 317, 318; Hayward v. Spaulding, 75 N. H. 92; Chase v. Moore, 73 N. H. 553, 555. The test, therefore, to determine who are entitled to share in the final distribution of the trust fund is to inquire to whom the testator intended to give it. The only evidence relevant to that issue is the language he used, and that tends to the conclusion that he intended to give it to such of his grandchildren as are living at the death of his widow. As there is nothing…
2Cases cited3 opinions
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Jewell v. AppolonioSupreme Court of New Hampshire · 1909
- Chase v. MooreSupreme Court of New Hampshire · 1906