Clyde v. Lake
Supreme Court of New Hampshire
Bill in Equity, by the plaintiff as a trustee under the will of' Annie M. Freeman against Lake as the administrator de bonis non of Mrs. Freeman’s estate and against Doherty as the administrator of Andrew N. Freeman’s estate, Andrew being the son of Mrs. Freeman. ■ The question presented arises under the 'fourth clause of the will which is as follows: “Fourth.
Read the full summary
Bill in Equity, by the plaintiff as a trustee under the will of' Annie M. Freeman against Lake as the administrator de bonis non of Mrs. Freeman’s estate and against Doherty as the administrator of Andrew N. Freeman’s estate, Andrew being the son of Mrs. Freeman. ■ The question presented arises under the 'fourth clause of the will which is as follows: “Fourth. All the rest and remainder of my estate, whether real or personal, that I may be possessed of at my decease, I give, bequeath and devise to George W. Clyde, of said Hudson, in trust, for the following purposes. So much of the interest…
1Opinion of the CourtWalker, J.
By the residuary clause of the will it is apparent the testatrix intended to provide for the reasonable support of her son. This was her controlling purpose in creating a trust fund and authorizing the trustee to use the same for the comfortable support of her son. She omitted to use language indicative of a purpose to specifically limit his interest in the trust to such part as the trustee might in his discretion appropriate to his support and to dispose of the unexpended balance remaining upon the son’s death to other beneficiaries. It is not probable that she intended to leave what was not…
2Cases cited3 opinions
- Sparhawk v. CloonMassachusetts Supreme Judicial Court · 1878
- Minot v. TappanMassachusetts Supreme Judicial Court · 1879
- Wentworth v. FernaldSupreme Judicial Court of Maine · 1898
3Cited by2 opinions
- In Re Estate of BuntingSupreme Court of Iowa · 1935
- Heffenger v. HeffengerSupreme Court of New Hampshire · 1938