Petition of Madden

The bequests to the towns of Stoddard, N. H., and Winchendon, Mass., respectively for the care of cemetery lots, with provisions for expending the principal, do not fail because of the refusals of the towns to accept the same. A trustee for each trust should be appointed. While the bequests are small, they can be used so as to promote in some degree the objects the testatrix had in mind.

The wish expressed in the fifth item of the will that the legacy, if not needed by the legatee, be given to the worthy poor, created a charitable trust. Trustees of Pembroke Academy v. School District, 75 N.…