McAllister v. Hayes
Supreme Court of New Hampshire
Bill in Equity, for the construction of the will of John S. Elliot. The plaintiff, as the successor of one Balch, holds a fund of $20,000 as trustee under the will, and asks for instructions as to the disposal of the income.
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Bill in Equity, for the construction of the will of John S. Elliot. The plaintiff, as the successor of one Balch, holds a fund of $20,000 as trustee under the will, and asks for instructions as to the disposal of the income. Transferred from the January term, 1910, of the superior court by Pike, J. The third paragraph of the will is as follows: “I give to said Balch the sum of twenty thousand dollars during the life of my son George F. Elliot in trust to safely invest the same and pay the net income thereof to him or for his benefit at the discreation of the Trustee from time to time as he…
1Opinion of the CourtWalker, J.
If the testator’s intention is determined by a literal interpretation of the language he used, the fund of $20,000 would not be payable to his nephews and nieces until after the death of George and the death of “all his lawful heirs.” He does not specifically provide what shall be done with the fund and its income during the time that may elapse between George’s death and the death of all his heirs. Was it his purpose, legally inferable from the will, that the fund should be held in abeyance during the lifetime of his grandchildren? That it was his purpose that the fund should eventually pass…
2Cases cited8 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Vandewalker v. RollinsSupreme Court of New Hampshire · 1885
- Wiggin v. PerkinsSupreme Court of New Hampshire · 1886
- Greenough v. CassSupreme Court of New Hampshire · 1887
- Sawyer v. BanfieldSupreme Court of New Hampshire · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Marvin v. PeirceSupreme Court of New Hampshire · 1930
- United States v. 575.52 ACRES OF LAND, ETC.District Court, D. New Hampshire · 1954
- Foster v. DuttonSupreme Court of New Hampshire · 1930