Gardner v. O'Loughlin
Supreme Court of New Hampshire
Bill in Equity, by the guardian of Ivan D. Jenness against O’Loughlin as trustee under the will of Ivan’s mother, for an order requiring the trustee to pay to the plaintiff a part of the income of the trust estate for the benefit of Ivan and his family.
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Bill in Equity, by the guardian of Ivan D. Jenness against O’Loughlin as trustee under the will of Ivan’s mother, for an order requiring the trustee to pay to the plaintiff a part of the income of the trust estate for the benefit of Ivan and his family. Transferred from the January term, 1912, of the superior court by Walace, C. J. By the will, the trustee was directed “to use from time to time, as he shall find necessary or proper, the net income and interest” of the estate “for the support, care, and maintenance of my said son Ivan, so long as he shall live.” The will also provided “that…
1Opinion of the CourtWalker, J.
The will authorized the trustee to expend the income of the trust fund “as he shall find necessary or proper,” for the “support, care, and maintenance of my said son Ivan, so long as he shall live,” or, as otherwise expressed, the income is to be applied “for the sole benefit of my said son Ivan, from time to time, by my said trustee, as he shall deem judicious and proper.” The right of Ivan to receive the benefit of the income or any part of it was made dependent upon the discretion of the trustee. If in the exercise of a reasonable discretion the trustee found that it was not “necessary or…
2Cited by11 opinions
- Loeb v. LoebIndiana Supreme Court · 1973
- Bridgeport-City Trust Co. v. BeachSupreme Court of Connecticut · 1934
- Keller v. KellerAppellate Court of Illinois · 1936
- Robison v. Elston Bank & Trust Co.Indiana Court of Appeals · 1943
- Keating v. KeatingSupreme Court of Iowa · 1917
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