Banfield v. Wiggin
Supreme Court of New Hampshire
Foreign Attachment. The trustee is executor of the will of Nancy Wiggin. Among other provisions, the will contained one empowering the executor “ to hold, use, and employ, and expend in such manner and at such times as he shall deem proper, for the benefit of G. II.
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Foreign Attachment. The trustee is executor of the will of Nancy Wiggin. Among other provisions, the will contained one empowering the executor “ to hold, use, and employ, and expend in such manner and at such times as he shall deem proper, for the benefit of G. II. W.” (the principal defendant), “the sum of eight hundred dollars, authorizing said executor to pay the same, or any part thereof, to said G. H. W., in money, to invest the same in banks, bonds, or other good securities, for the benefit of said G. II. W. during 1ns life, or otherwise, or to invest the same in a homestead for said…
1Opinion of the CourtStanley, J.
As a general rule, to which this case forms no exception, the trustee cannot be charged, unless, at the time of the disclosure, the principal defendant had a right of action against him. Greenleaf v. Perrin, 8 N. H. 273; Boardman v. Cushing, 12 N. H. 112; Getchell v. Chase, 37 N. H. 106; Adams v. Barrett, 2 N. H. 374.
Where a trust is created for the benefit of a third person, and the trustee is vested with a discretion as to the time, amount, or manner of the payment to be made, he cannot be charged as trustee. Richards v. R. R., 44 N. H. 127; Wh ite v. Jenkins, 16 Mass. 62; Palmer v. Noyes,…
2Cases cited1 opinion
- White v. JenkinsMassachusetts Supreme Judicial Court · 1819
3Cited by4 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Wolfman v. WebsterSupreme Court of New Hampshire · 1913
- Seward v. HarringtonSupreme Court of New Hampshire · 1892
- Watson v. KennardSupreme Court of New Hampshire · 1913