Ordway v. Dow
Supreme Court of New Hampshire
In Equity. The bill was brought by John G. Ordway, of Epping, in said county, administrator of the goods and estate of Charles B. God-frey, late of said Epping, deceased, against Winthrop N. Dow, of said Epping, executor of the last will and testament of Mehitable Godfrey, late of said Epping, deceased, and residuary.legatee in trust under the said will of the said Mehitable.
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In Equity. The bill was brought by John G. Ordway, of Epping, in said county, administrator of the goods and estate of Charles B. God-frey, late of said Epping, deceased, against Winthrop N. Dow, of said Epping, executor of the last will and testament of Mehitable Godfrey, late of said Epping, deceased, and residuary.legatee in trust under the said will of the said Mehitable. It charges that the said Mehitable, being possessed of considerable personal estate, duly made and executed her last will and testament in writing, dated November 13, 1868, in which she ordered her executors to pay all…
1Concurrence
I am of the same opinion. I cannot discover anything in the language of the residuary clause in this will to raise a doubt that the interest of Charles B. Godfrey was vested and not contingent. On its face, the gift is absolute and unqualified, so far as regards the trustee, — the time of its taking effect, even, by possession in him, not being postponed. The clause, as to the time when the principal sum should be paid over to the cestui que trust, can be regarded in no other light than a direction to the trustee with reference to the execution of the trust, and most distinctly and…
2Cases cited1 opinion
- Brown v. BrownSupreme Court of New Hampshire · 1860