Gagnon v. Wellman
Supreme Court of New Hampshire
Bill in Equity, by the heirs at law of Camille Gagnon to remove a cloud from their title to land in this state, of which he died seized and which he devised to the parish of St. Jacques de PAchigan in the Province of Quebec, in trust for the following purpose, that is to say, to build “a church in said Parish. . . . Said church when erected shall be known as the 1 Camille Gagnon Church’ and said officers . . . shall place therein ... a tablet of bronze which shall…
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Bill in Equity, by the heirs at law of Camille Gagnon to remove a cloud from their title to land in this state, of which he died seized and which he devised to the parish of St. Jacques de PAchigan in the Province of Quebec, in trust for the following purpose, that is to say, to build “a church in said Parish. . . . Said church when erected shall be known as the 1 Camille Gagnon Church’ and said officers . . . shall place therein ... a tablet of bronze which shall commemorate the fact that I through this gift have made it possible for this church to be erected and that I have so done that the…
1Opinion of the Court
Young J.
If the language the testator used is given its ordinary meaning, his controling purpose in making this bequest was to dispose of his property in'such a way that it would prove a “lasting benefit” to the inhabitant's of the parish and in that way perpetuate his memory and that of his family. The provision that the money be used to build a church to be known by his name is merely the scheme he devised to effectuate that purpose. The property therefore was not given to the parish on condition that it build a church to be known by the testator’s name, but was given to it in trust to be…
2Cases cited9 opinions
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- Haynes v. CarrSupreme Court of New Hampshire · 1900
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Fernald v. First Church of ChristSupreme Court of New Hampshire · 1913
- Keene v. EastmanSupreme Court of New Hampshire · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Town of Boscawen v. Acting Attorney-GeneralSupreme Court of New Hampshire · 1945