Straw's Petition
Supreme Court of New Hampshire
Petition, to the supreme court for the appointment of trustees under the will of Hannah A. Currier, late of Manchester in said county, deceased.
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Petition, to the supreme court for the appointment of trustees under the will of Hannah A. Currier, late of Manchester in said county, deceased. The will provided that the board of trustees under said will “may consist of ten members, and whenever the number shall be reduced below ten, the vacancy may be filled by the supreme court of the state or the court that may represent the supreme court, upon the petition of one or more of the remaining trustees, and it shall be the duty of the remaining trustees to keep the board full.” There are now two vacancies in the board of trustees, and this…
1Opinion of the CourtPlummer, J.
The power to appoint trustees of estates is not vested in the supreme court. “The probate court has jurisdiction <of wills and of the estates of deceased persons. P. S., c. 182, s. 2. . . . It is the duty of the probate court to administer trusts created by wills. P. S., c. 198. This duty necessarily carries with it that of appointing the trustees needed to execute such trusts (P. S., c. 185, s. 2, cl. XII; Ib-, c. 198, s. 6).” Carr v. Corning, 73 N. H. 362, 365. “Judges of probate have exclusive, original jurisdiction of the probate of wills and the settlement and distribution of the estates…
2Cases cited4 opinions
- Glover v. BakerSupreme Court of New Hampshire · 1912
- Knight v. HollingsSupreme Court of New Hampshire · 1906
- Burgess v. BurgessSupreme Court of New Hampshire · 1902
- Carr v. CorningSupreme Court of New Hampshire · 1905
3Cited by2 opinions
- Kekoa Ex Rel. Enomoto v. Supreme CourtHawaii Supreme Court · 1973
- Kekoa Ex Rel. Enomoto v. Supreme CourtHawaii Supreme Court · 1973