Greeley v. Nashua
Supreme Court of New Hampshire
Bill in Equity, praying the advice of the court. The bill alleges that the deceased left a will, which has been duly proved, containing among other provisions the following: “I give and devise to the city of Nashua my farm, situate on the Concord road in said Nashua, as deeded to me by Joseph Greeley, containing one hundred and sixty acres more or less, at the termination of the lease at my decease to be kept and held by said city for all time, to be used for farming…
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Bill in Equity, praying the advice of the court. The bill alleges that the deceased left a will, which has been duly proved, containing among other provisions the following: “I give and devise to the city of Nashua my farm, situate on the Concord road in said Nashua, as deeded to me by Joseph Greeley, containing one hundred and sixty acres more or less, at the termination of the lease at my decease to be kept and held by said city for all time, to be used for farming purposes, and at some future time for a park or for some public institution. Said city to cause all the wood and timber to be…
1Opinion of the CourtCarpenter, J.
The plaintiffs take whatever they may be entitled to under the will, not in their character as executors, or in trust, but in their own right. They present no question touching the proper disposition of trust funds, but request the court to inform them what their legal rights and those of the defendants are in the property devised. The court might with equal propriety be called upon by the parties interested to advise them regarding the title to land, the construction of a contract, or any other question of law. Such questions are not ordinarily adjudicated until it becomes necessar}7 to…
2Cases cited4 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Putnam v. CollamoreMassachusetts Supreme Judicial Court · 1872
- Sohier v. BurrMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Bailey v. McIntireSupreme Court of New Hampshire · 1902
- Harvey v. HarveySupreme Court of New Hampshire · 1904
- Keene v. Union School DistrictSupreme Court of New Hampshire · 1938
- Ross v. ChurchSupreme Court of New Hampshire · 1914
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