Hayes v. Hayes
Supreme Court of New Hampshire
Appeal from a decree of the probate court. The will of Eeuben Hayes, dated February 11, 1864, and proved in the same year, contained the following provision : "I order and direct my executors, as soon as is convenient after my decease, to convert my land at the West, bank'stock in Lake Bank and in Eochester Bank, and money due on notes, into cash, and fund the same where in their opinion it shall be safe; and divide the interest from time to time arising from said fund among…
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Appeal from a decree of the probate court. The will of Eeuben Hayes, dated February 11, 1864, and proved in the same year, contained the following provision : "I order and direct my executors, as soon as is convenient after my decease, to convert my land at the West, bank'stock in Lake Bank and in Eochester Bank, and money due on notes, into cash, and fund the same where in their opinion it shall be safe; and divide the interest from time to time arising from said fund among my children, grandchildren, and my wife, according to their wants and necessities as shall appear just and equitable in…
1Opinion of the CourtPjgrley, C. J.
The will, which created this trust, required the fund to remain in the hands of the trustees for an indefinite period, and the execution of the trust was no part of the administration of the estate. Here, as was said in Leavitt v. Worcester, 14 N. H. 566, "the two characters of executors and trustees are united in the same persons, but the liabilities of each are as distinct as if the persons were different.” If the trustees had been different persons, when a sum of money belonging to the trust fund was found in the hands of the executors on the settlement of their account, the decree would…
2Cited by4 opinions
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- Samuel Rogers v. Joseph RogersSupreme Court of New Hampshire · 2019
- In re Estate of O'DwyerSupreme Court of New Hampshire · 1992
- In re Estate of PageSupreme Court of New Hampshire · 1977