Winslow v. Stark
Supreme Court of New Hampshire
Petition, for advice in the expenditure and disposition of the income of a trust fund created by the will of Harriet Stark for the care of the Stark “Family Burying Ground or Cemetery” in the town of Dunbarton. Transferred from the April term, 1915, of the superior court, by Chamberlin, J., upon facts found but without a ruling.
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Petition, for advice in the expenditure and disposition of the income of a trust fund created by the will of Harriet Stark for the care of the Stark “Family Burying Ground or Cemetery” in the town of Dunbarton. Transferred from the April term, 1915, of the superior court, by Chamberlin, J., upon facts found but without a ruling. By the will a fund of $2,000 was placed in the hands of Charlotte Stark as trustee, the income to be “applied, appropriated and expended in keeping the walls, iron railings, and monuments now erected, or which may hereafter be erected, in said Burying Ground, in…
1Opinion of the CourtPlummer, J.
The contention of the defendant, that a portion of the unexpended income of the $2,000 trust fund belongs to him, cannot be sustained. His first position is that the income unexpended by Charlotte Stark and himself as trustees, amounting to $1,816.29, did not go to the plaintiff as trustee of the fund, but belongs to the residuary legatees of Harriet Stark. There would seem to be no basis for such a conclusion.
Whether the testatrix intended that Charlotte, Caroline Julia and Mary Elizabeth Stark as trustees should spend all the income of the fund in the care of the cemetery cannot be…
2Cases cited4 opinions
- Keene v. EastmanSupreme Court of New Hampshire · 1909
- Campbell v. Clough & A.Supreme Court of New Hampshire · 1901
- Abbott v. AbbottSupreme Court of New Hampshire · 1911
- Cram v. CramSupreme Court of New Hampshire · 1884
3Cited by2 opinions
- United States Ex Rel. United States Coast Guard v. CerioDistrict Court, E.D. Virginia · 1993
- Drury v. SleeperSupreme Court of New Hampshire · 1929