Campbell v. Clough & A.
Supreme Court of New Hampshire
Bill in Equity, by tlie executor of tbe will of Joseph F. Perley, praying tlie advice and direction of tbe court as to certain clauses of tbe will. Transferred Ironi tbe June term, 1901, of the superior court by Stone, J. The material parts of tbe will are as follows: “ 1 want my aunts Hannah, Elsie, and Lois to be well provided for during their lives and have good care to tbeix satisfaction. ...
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Bill in Equity, by tlie executor of tbe will of Joseph F. Perley, praying tlie advice and direction of tbe court as to certain clauses of tbe will. Transferred Ironi tbe June term, 1901, of the superior court by Stone, J. The material parts of tbe will are as follows: “ 1 want my aunts Hannah, Elsie, and Lois to be well provided for during their lives and have good care to tbeix satisfaction. ... I also leave to the town of Enfield the sum of 500 dollars, to be called the Perley Cemetery fund, tbe interest to be forever laid out in keeping the fence aronnd the Mont Cohn cemetery, so called,…
1Opinion of the CourtBlodgett, C. J.
1. The petitioner has not authority to make conveyance to the town of Enfield of the unsold lots in Montcalm cemetery belonging to the testator, nor does the “ sum of five hundred dollars become a portion of the testator’s general estate.” The declination of the town to accept the trust did not defeat it. The effect was merely to leave its execution to another trustee. It is a rule without exception that equity never allows a legal and valid trust to fail for want of a trustee.
2. Although the petitioner is not in terms appointed trustee, the will clearly contemplates a trust in him beyond the…
2Cited by6 opinions
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Winslow v. StarkSupreme Court of New Hampshire · 1916
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
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