French v. Westgate
Supreme Court of New Hampshire
Bile in Equity, alleging that J. W. French, deceased testate, made a devise as follows: “ I give, bequeath, and devise unto Wm.
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Bile in Equity, alleging that J. W. French, deceased testate, made a devise as follows: “ I give, bequeath, and devise unto Wm. F. Westgate, . . . my executor hereinafter named, a certain tract or parcel of land, ... in trust, nevertheless, for the uses and purposes following: to have and to hold the same until such time as my son, Nahum W. French, and my daughter, Sarah M. Nutter, may or shall agree to have the same sold, and then to sell the same without license from the probate court for said county, and the proceeds of said sale to divide equally between ” them; that the defendant…
1Opinion of the CourtChase, J.
The trustee’s power of sale was not left to Ms discretion, but was to be exercised whenever the cestuis que trust agreed that a sale should be made. It was a power coupled with a trust. 1 Per. Tr., s. 248. Equity has jurisdiction to cause such powers to be executed. 1 Sto. Eq. Jur., ss. 533, 1061; P. S., c. 205, s. 1. There is no action at law winch would afford an adequate remedy (Kendall v. Kendall, 60 N. H. 527), and the legislature has not given probate courts jurisdiction in such matters. P. S., c. 198. The allegations of the bill state a case that is within. eqMty jurisdiction. If the…
2Cases cited3 opinions
- Eastman v. Savings BankSupreme Court of New Hampshire · 1878
- Kendall v. KendallSupreme Court of New Hampshire · 1881
- Lebanon Savings Bank v. WatermanSupreme Court of New Hampshire · 1888
3Cited by2 opinions
- Baldwin v. WallaceSupreme Court of New Hampshire · 1929
- French v. WestgateSupreme Court of New Hampshire · 1902