Watson v. Kennard
Supreme Court of New Hampshire
Foreign Attachment. The trustee in this action is a trustee under the will of Angeline F. Kennard, and the defendant is her surviving son.
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Foreign Attachment. The trustee in this action is a trustee under the will of Angeline F. Kennard, and the defendant is her surviving son. By the will, the residue of her estate is given to the trustee to-invest and manage, and to “pay the net annual income thereof quarterly to my said son, Samuel C. Kennard, for and during the term of his natural life; and in case it shall become necessary for the comfortable maintenance and support of said Samuel C. Kennard, to expend so much of the principal as may be necessary or proper to furnish to said Samuel C. Kennard and his family such suitable and…
1Opinion of the CourtWalker, J.
The only objection relied upon by the trustee to the order of the superior court is that, as the trustee under the will, he was vested with a discretion as to the payment of the net income to the beneficiary, and that it was, therefore, error for the court to hold him chargeable in this action. The case of Banfield v. Wiggin, 58 N. H. 155, cited by the trustee, would sustain his contention, if it were true that the will made the payment of the income to the principal defendant to depend upon the discretion of the trustee. But the language of the will shows beyond any serious doubt that the…
2Cases cited1 opinion
- Banfield v. WigginSupreme Court of New Hampshire · 1877
3Cited by1 opinion
- Huestis v. ManleySupreme Court of Vermont · 1939