Lovell v. Charlestown
Supreme Court of New Hampshire
Bill in Equity, for direction under a will. Asahel Porter, of Alstead, deceased on the 22d day of July, 1862, leaving a last will and testament dated February 10, 1862, which was duly admitted to probate. In said will are certain legacies, to take effect immediately after the death of the testator, which, with the debts and expenses of administration, have been paid.
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Bill in Equity, for direction under a will. Asahel Porter, of Alstead, deceased on the 22d day of July, 1862, leaving a last will and testament dated February 10, 1862, which was duly admitted to probate. In said will are certain legacies, to take effect immediately after the death of the testator, which, with the debts and expenses of administration, have been paid. Besides said legacies, said will contains the following provisions, viz.: “ After the payment of my debts and the payment of said legacy to widow Eliza A. Holton, the interest and income of all the rest and residue of my property…
1Opinion of the CourtAllen, J.
1. Is the bequest to Charlestown of such a nature that the town can legally aecept and hold the same? The residuary bequest was to the town of Charlestown, to hold forever as a fund, and to pay the income annually in December each year, through the direction of the selectmen, to widows then residing in the town, no one of whom should be worth property valued at over five hundred dollars* The bequest is a charitable one, the objects of the testator’s bounty are readily ascertainable, and there is no uncertainty in any part of the gift. _ But it is objected that a town has no legal power to…
2Cases cited1 opinion
- Hinkley v. House of RefugeCourt of Appeals of Maryland · 1874
3Cited by6 opinions
- Compton v. Rixey's ExecutorsSupreme Court of Virginia · 1919
- Aberg v. First National Bank in DallasCourt of Appeals of Texas · 1970
- Sellick v. SellickMichigan Supreme Court · 1919
- Cotton v. FletcherSupreme Court of New Hampshire · 1914
- In re Cramton's WillSupreme Court of Vermont · 1915
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