Legal Opinion

Fernald v. First Church of Christ

Supreme Court of New Hampshire

Decided October 7, 1913PublishedCited by 13 opinions

Petition, by the administrator with the will annexed of the-estate not before administered of Mary Baker G. Eddy, for advice-as to who will be entitled to the funds in his hands on the final-settlement of the estate. Transferred without a ruling from the: October term, 1912, of the superior court by Pike, J.

1Per curiam

The church contends that this fund should be paid to it “without any further proceeding”; the attorney-general, that the plaintiff should hold it until the court appoints a trustee to .administer it. The question as to which of these contentions, if •either, is sound depends on Mrs. Eddy’s intention; for it is the court’s •duty to effectuate her intention in so far as it can be ascertained and is legal. Adams v. Page, 76 N. H. 96; French v. Lawrence, 76 N. H. 234. The question of her intention was considered at length in Glover v. Baker, 76 N. H. 393, and it was held that she did not intend…

2Cited by13 opinions

  1. Zeier v. Boise Transfer Co.Idaho Supreme Court · 1927
  2. Benavides v. GarciaTexas Commission of Appeals · 1927
  3. Boody v. K. & C. Manufacturing Co.Supreme Court of New Hampshire · 1914
  4. Bartlett v. DumaineSupreme Court of New Hampshire · 1986
  5. Johnson v. SalsburySupreme Court of North Carolina · 1950

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