Trustees of Pembroke Academy v. Epsom School District
Supreme Court of New Hampshire
Bill in Equity, for direction relative to the disposition of a charitable trust fund. Transferred without ruling from the October term, 1909, of the superior court by Pike, J. Ephraim Locke died in 1892. The sixth clause of his will is : “ I give and bequeath to the trustees of Pembroke Academy the sum of one thousand dollars in money, the annual income of which sum I wish to be expended in paying the tuition of such poor boys in said town of Epsom, of good moral character,…
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Bill in Equity, for direction relative to the disposition of a charitable trust fund. Transferred without ruling from the October term, 1909, of the superior court by Pike, J. Ephraim Locke died in 1892. The sixth clause of his will is : “ I give and bequeath to the trustees of Pembroke Academy the sum of one thousand dollars in money, the annual income of which sum I wish to be expended in paying the tuition of such poor boys in said town of Epsom, of good moral character, as may be recommended from time to time to the trustees of said academy by a majority of the board of selectmen of said…
1Opinion of the CourtPeaslee, J.
The plaintiffs’ first position is that the words of the bequest are merely precatory, and therefore there is no enforceable obligation to carry out the wish .expressed by the testator concerning the application of the income of the fund. “ The words ‘desire,’ ‘request,’ ‘recommend,’ ‘hope,’ ‘not doubting,’ that the executor will conduct in a specified manner, when they come from a testator who has the power to command, are to be construed as commands, clothed merely in the language of civility; and they impose on the executor a duty which courts have in repeated instances enforced.” Erickson…
2Cases cited2 opinions
- Adams Female Academy v. AdamsSupreme Court of New Hampshire · 1889
- Foster v. WillsonSupreme Court of New Hampshire · 1894
3Cited by12 opinions
- In Re Hochbrunn's EstateWashington Supreme Court · 1926
- Catlin v. EdwardsSupreme Court of Iowa · 1941
- Cowles v. MatthewsWashington Supreme Court · 1939
- Leopold v. SochatCourt of Appeals of Texas · 1957
- Askenaizer v. Seacoast Redimix Concrete, LLC (In Re Charwill Construction, Inc.)United States Bankruptcy Court, D. New Hampshire · 2007
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