Eaton v. Eaton

The test to determine whether the plaintiff can reach the funds in the hands of the trustee to satisfy her judgment against Perry, Jr., is to inquire what his father intended to give him; that is, to inquire whether his father intended to give him this fund or any part of it or whether what he gave him was the right to demand such assistance from the fund as the trustee thinks his needs require. Wolfman v. Webster, 77 N. H. 24.

The evidence relevant to this issue consists of the words the testator used read in the light of the situation of the parties, together with his knowledge of his son’s…