Smart v. Durham
Supreme Court of New Hampshire
Writ oe Entry. Transferred without ruling from the September term, 1912, of the superior court by Plummer, J., on an agreed statement of facts. The plaintiffs are heirs-at-law of Olinthus Doe.
Read the full summary
Writ oe Entry. Transferred without ruling from the September term, 1912, of the superior court by Plummer, J., on an agreed statement of facts. The plaintiffs are heirs-at-law of Olinthus Doe. The defendants’ title is derived from Doe’s will, which directs his executors to pay his just debts and funeral expenses and then provides as follows: “ All the rest, residue, and remainder of all the property of which I may die seized, whether real, personal, or mixed, wherever found and however situate, I give, bequeath, and devise unto the town of Durham aforesaid in trust for the following purposes…
1Opinion of the CourtParsons, C. J.
After directing the trustees “first, out of the net income, to use and appropriate so much as shall from time to time be needful, fitting, and proper to care for and keep in repair the-cemetery or burial place on my homestead farm in said Durham in good and neat condition, including the graves and gravestones in said burial place, and in all respects'properly protected,” the testator in imperative terms commands that “all the rest and remainder of the net income of all my said property shall be applied and expended from year to year forever in the support and maintenance-of the common schools…
2Cases cited9 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Dexter v. President of Harvard CollegeMassachusetts Supreme Judicial Court · 1900
- Coit v. ComstockSupreme Court of Connecticut · 1884
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Horse Pond Fish & Game Club, Inc. v. CormierSupreme Court of New Hampshire · 1990
- Wachovia Bank & Trust Co. v. John Thomasson Construction Co.Supreme Court of North Carolina · 1969
- Loveren v. EatonSupreme Court of New Hampshire · 1921
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
- Souther v. SchofieldSupreme Court of New Hampshire · 1949
1 more not listed; retrieve them via the Exa API.