Flanders v. Parker

Neither the plaintiff Edith M. Flanders nor her co-heir Dana E. Clark occupies a fiduciary position which entitles them for their protection to the prospective decision of questions which may hereafter arise and they cannot maintain this proceeding. Ross v. Church, 77 N. H. 592. The trustees under Noah’s will do not now need the advice of the court and they do not ask for it. There is no occasion for action by the trustees under Noah’s will until after the death of his widow. “It is within the province of courts to. decide upon the rights of parties as they exist in the present, but it is not…