Webster v. Sughrow
Supreme Court of New Hampshire
Bill in Equity, for instructions, by the executor of the will of James Ryan. Facts agreed. The second provision of the will is as follows : “ All the residue and remainder of my estate that may remain at my decease, both real and personal, I will in trust to my said executor hereinafter mentioned, to be disposed of by him in the following manner : First, to pay all necessary funeral charges and expenses of services connected therewith.
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Bill in Equity, for instructions, by the executor of the will of James Ryan. Facts agreed. The second provision of the will is as follows : “ All the residue and remainder of my estate that may remain at my decease, both real and personal, I will in trust to my said executor hereinafter mentioned, to be disposed of by him in the following manner : First, to pay all necessary funeral charges and expenses of services connected therewith. The remainder to be held by said executor at his sole discretion, the income of which, and if necessary the principal, to pay the expense of keeping my said…
1Opinion of the CourtPike, J.
1. The statute of 43 Eliz., c. 4 (1601), was the culmination of all prior legislation concerning charities. Since its passage, those objects are considered charitable that are named therein and many others that are “ not named and not within the strict letter of the statute, but which come within its spirit, equity, and analogy.” 2 Per. Tr., s. 692.
Although the general principles of charitable trusts have been repeatedly recognized in this state (Duke v. Fuller, 9 N. H. 536; Second Cong. Society v. Society, 14 N. H. 315; Brown v. Concord, 33 N. H. 285; Chapin v. School District, 35 N. H. 445;…
2Cases cited7 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- SchoulerMassachusetts Supreme Judicial Court · 1883
- Hoeffer v. CloganIllinois Supreme Court · 1898
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Methodist Church v. RemingtonSupreme Court of Pennsylvania · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estate of HamiltonCalifornia Supreme Court · 1919
- Kavanaugh v. WattWisconsin Supreme Court · 1910
- Ackerman v. FichterIndiana Supreme Court · 1913
- Wilmes v. TiernaySupreme Court of Iowa · 1919
- French v. LawrenceSupreme Court of New Hampshire · 1911
5 more not listed; retrieve them via the Exa API.