Kimball v. Reding
Superior Court of New Hampshire
Appeal from a decree of the judge of probate, disallowing certain items in the account exhibited by the appellant, in behalf of his intestate, Moses Southard.
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Appeal from a decree of the judge of probate, disallowing certain items in the account exhibited by the appellant, in behalf of his intestate, Moses Southard. The cause had been committed to an auditor, with instructions to report the facts, from whose report it appeared that Obadiah Swasey, late of Haverhill, made his will in due form, which was admitted to probate on the 6th day of August, 1836, and contained the following item : “ I give and bequeath to Moses Southard, Esq., of Haverhill, aforesaid, the sum of three thousand dollars; to be paid over to him by my executors, as soon as they…
1Opinion of the CourtWoods, C. J.
It may not be necessary in determining the questions which this cause presents, to review the large list of cases contained in the books, in which the duties, responsibilities and discretion of trustees have been discussed and ascertained. They are very numerous, embracing the various means by which, and the objects for which trusts have been created, to meet the infinitely diversified wTants of the authors of them. A great many of these cases turn upon expressions contained in the deeds, wills or other instru*372ments founding ihe trusts, intended by the parties to limit or to enlarge the…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1820
3Cited by2 opinions
- Babbitt v. Fidelity Trust CompanyNew Jersey Superior Court Appellate Division · 1907
- Bartlett v. DumaineSupreme Court of New Hampshire · 1986