Carr v. St. Paul's Parish
Supreme Court of New Hampshire
Petition, for the construction of a will, and for advice and direction as to the disposition of a trust fund. Transferred from the October term, 1901, of the superior court by Stone, J. The plaintiffs are the executors named in the will of John EL Pearson, under which they are also residuary legatees in trust.
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Petition, for the construction of a will, and for advice and direction as to the disposition of a trust fund. Transferred from the October term, 1901, of the superior court by Stone, J. The plaintiffs are the executors named in the will of John EL Pearson, under which they are also residuary legatees in trust. After provisions for the payment of debts and funeral charges by the executors and for sundry pecuniary legacies, the will provides in the seventh item as follows : “ I give, bequeath, and devise all the rest, residue, and remainder of my estate of every description to the trustees…
1Opinion of the CourtParsons, J.
The exercise of the jurisdiction of the court to advise in the administration of a trust is matter of discretion. It is limited to questions of doubt or of conflicting’ claims where the advice is necessary for the protection of the trustees, who “are not required to incur risk in the management or distribution of the trust fund.” Greeley v. Nashua, 62 N. H. 167, 168; Treadwell v. Cordis, 5 Gray 341, 348; Crosby v. Mason, 32 Conn. 482.
The first two questions, as to the time when certain legacies are payable, are not matters of doubt or of conflict as to which the direction of the court can…
2Cases cited1 opinion
- Crosby v. MasonSupreme Court of Connecticut · 1865
3Cited by3 opinions
- Gebhard v. Lenox LibrarySupreme Court of New Hampshire · 1907
- Keene v. Union School DistrictSupreme Court of New Hampshire · 1938
- In re Estate of BlissSupreme Court of New Hampshire · 1977