Haynes v. Carr
Supreme Court of New Hampshire
Bill in Equity, by the heirs of the late John H. Pearson, praying for a decree declaring a trust created by his will void. The defendants are the executors of the will and the attorney-general of the state. The executors have filed an answer, which they ask to have considered as a cross bill, in which they pray for advice and direction as to their duty in respect to the clause of the will in question.
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Bill in Equity, by the heirs of the late John H. Pearson, praying for a decree declaring a trust created by his will void. The defendants are the executors of the will and the attorney-general of the state. The executors have filed an answer, which they ask to have considered as a cross bill, in which they pray for advice and direction as to their duty in respect to the clause of the will in question. By the will and codicils, after certain provisions for the testator’s widow and his nephew and niece, the residuary estate is converted into a trust for various private and public purposes, in…
1Opinion of the CourtBlodgett, C. J.
The issue between the parties is upon the validity of a bequest for the creation of a charitable trust by the will of the late John H. Pearson. The plaintiffs ask that the bequest be declared void, and the executors pray the advice and direction of the court as to their duties in the premises.
In the first instance, the parties disagree as to the meaning of the language used by the testator. The clause in question commits the residue of the estate to three trustees, uto expend, in their discretion, in such sums, at such times, and in such manner as may seem to them advisable, the income of my…
2Cases cited19 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Holland v. . AlcockNew York Court of Appeals · 1888
- Harrington v. PierWisconsin Supreme Court · 1900
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Levy v. . LevyNew York Court of Appeals · 1865
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3Cited by19 opinions
- In Re Downer's EstateSupreme Court of Vermont · 1928
- Society of the Cincinnati v. ExeterSupreme Court of New Hampshire · 1943
- Westport Bank & Trust Co. v. FableSupreme Court of Connecticut · 1940
- Hagen v. SacrisonNorth Dakota Supreme Court · 1909
- Petition of BurnhamSupreme Court of New Hampshire · 1908
14 more not listed; retrieve them via the Exa API.