Westgate v. Haverhill
Supreme Court of New Hampshire
Bill in Equity, by the executor of the will of Samuel IV Southard, for the construction of certain provisions of the will and direction as to the appropriation of the income of funds paid to the town of Haverhill as trustee. Facts agreed.
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Bill in Equity, by the executor of the will of Samuel IV Southard, for the construction of certain provisions of the will and direction as to the appropriation of the income of funds paid to the town of Haverhill as trustee. Facts agreed. By his will executed April 4, 1883, the testator, who died May 4, 1893, bequeathed $5,000 to the town of Haverhill, “the interest thereof to be appropriated annually to and among the school districts in said town, equally, for the support of schools in said districts.” When the will was executed there were about twenty school districts in the town. In…
1Opinion of the CourtClark, J.
The question to be determined is that of appropriation of the income of the fund bequeathed by Samuel F. Southard to the town of Haverhill for educational purposes. A will takes effect as if executed immediately before the decease of the testator, and is to be construed by the law as it then stood (Morey v. Sohier, 63 N. H. 507; Perkins v. George, 45 N. H. 453); but in ascertaining the intention of the testator, a will speaks as of the time it was executed, and account may be taken of all the circumstances surrounding the testator. Jenkins v. Fowler, 63 N. H. 244; Kennard v. Kennard, 63 N. H.…
2Cases cited5 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Morey v. SohierSupreme Court of New Hampshire · 1885
- Sanborn v. SanbornSupreme Court of New Hampshire · 1882
- Kimball v. LancasterSupreme Court of New Hampshire · 1880
- Jenkins v. FowlerSupreme Court of New Hampshire · 1884