Carr v. Corning
Supreme Court of New Hampshire
Bill in Equity, for the construction of the will of John H. Pearson, and Petition, for a writ of mandamus to compel the defendant to consider and pass upon a petition filed by the plaintiffs in the probate court for Merrimack county.
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Bill in Equity, for the construction of the will of John H. Pearson, and Petition, for a writ of mandamus to compel the defendant to consider and pass upon a petition filed by the plaintiffs in the probate court for Merrimack county. Transferred without ruling from the April term, 1905, of the superior court by Chamberlin, J. The will is the same as that before the court in Haynes v. Carr, 70 N. H. 463, and Carr v. St.PauVs Parish, 71 N. H. 231. The testator devised the residue of his estate in trust for various private and public purposes, named three persons as trustees, and provided that…
1Opinion of the Court
Young, J.. The defendant says (1) the power of approval is vested in him in his individual and not in his official capacity; (2) if it was the intention of the testator that the probate court should approve the appointment, the power of appointment fails because it is an attempt to confer upon the court a jurisdiction not conferred by law.
1. There is no force in the defendant’s first position. In title 25 of the Public Statutes, entitled “ courts of probate, and estates of deceased persons,” the words “ judge ” and “ judge of probate ” are constantly used when it is apparent the probate court…
2Cited by4 opinions
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