Beckwith v. Baxter
Superior Court of New Hampshire
The trustee, in his disclosure, stated, the said Benjamin Baxter, more than twenty years since, delivered to his wife certain personal property for her use and support, and deserted her ; the property, thus delivered to her, she put into the hands of Abraham Brown, her father, who died in the year 1808. JVctthaniel Brown, the trustee, was made executor of Abraham’s will, and as such, received said personal property, to the value of about $200. The said .Nathaniel gave Mrs.…
Read the full summary
The trustee, in his disclosure, stated, the said Benjamin Baxter, more than twenty years since, delivered to his wife certain personal property for her use and support, and deserted her ; the property, thus delivered to her, she put into the hands of Abraham Brown, her father, who died in the year 1808. JVctthaniel Brown, the trustee, was made executor of Abraham’s will, and as such, received said personal property, to the value of about $200. The said .Nathaniel gave Mrs. Baxter a legacy of $33 33 in his will. After the death of the said Abraham, a settlement was made between the trustee and…
1Opinion of the CourtRichardson, C. J.
It is settled, that an executor cannot be held as the trustee of one, to whom a pecuniary lega*68cy is bequeathed by the will of a testator. 7 Mass, Rep. 271,-Barns vs. Treat.—8 ditto 246, Brooks vs. Cook. The trustee, in this case, then, cannot beheld chargeable as executor.
The only remaining question is, whether he can be charged as having made the debt his own, by giving his note to the wife of the principal ?
With regard to the property delivered by the principal to his wife, for her use, it is clear, that the trustee cannot be held. She must be considered as having disposed of the property…
2Cases cited1 opinion
- Gordon v. WebbMassachusetts Supreme Judicial Court · 1816