Rolfe & Rumford Asylum v. Lefebre
Supreme Court of New Hampshire
Bill in Equity, asking for the construction of the will and codicil of Sarah Thompson, called Countess Rumford, and asking the advice of the court as to the power and duties of the trustees under said will. Facts found by the court. The will and codicil were approved and allowed March 22, 1858. The plaintiffs are a corporation organized as successor to the trustees named in the will, and have all the powers of the original trustees.
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Bill in Equity, asking for the construction of the will and codicil of Sarah Thompson, called Countess Rumford, and asking the advice of the court as to the power and duties of the trustees under said will. Facts found by the court. The will and codicil were approved and allowed March 22, 1858. The plaintiffs are a corporation organized as successor to the trustees named in the will, and have all the powers of the original trustees. The will and codicil, so far as material, are as follows: WILL. “ I give, devise, and bequest to the said town of Concord, in New Hampshire, the place of my…
1Opinion of the CourtParsons, J.
“ The subject-matter of the suit being a public charity, no final and conclusive settlement' can be made unless the state should be represented. Sto. Eq. PL, ss. 8, 49, 69, 222.” Society v. Society, 55 N. H. 463, 467. This objection may be obviated by an amendment making the attorney-general a party.
The first question is whether the trustees have power under the will to alien the trust property. It is clear that they have not. The gift is to them “ as trustees in fee simple,” “ on the express condition that . . . they shall hold and apply the said property to a charitable purpose ” named, “…
2Cases cited4 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Stanley v. ColtSupreme Court of the United States · 1867
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
3Cited by18 opinions
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Pruner EstateSupreme Court of Pennsylvania · 1957
- Trustees of the New Castle Common v. GordySupreme Court of Delaware · 1952
- Stephens v. CollisonIllinois Supreme Court · 1916
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
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