Legal Opinion

Sawyer v. Banfield

Supreme Court of New Hampshire

Decided March 11, 1875PublishedCited by 2 opinions

Bill in equity, by Luther D. Sawyer, executor of the last will and testament of John L. Hanson. The defendants are Ira Banfield, claiming as trustee, and the representatives of the residuary legatees under the will.

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Bill in equity, by Luther D. Sawyer, executor of the last will and testament of John L. Hanson. The defendants are Ira Banfield, claiming as trustee, and the representatives of the residuary legatees under the will. The will contained the following clauses, viz.: “ I give and bequeath to Joseph B. Wiggin, of Wakefield, brother of my wife, nine thousand dollars, in trust for her, safely to keep, use, and dispose of for the benefit of my said wife according to the best of his discretion as her trustee.” Also a general residuary clause. Said Wiggin accepted his trust, and acted as trustee until…

1Opinion of the Court

The clause under consideration contains nothing which would indicate any intention on the part of the testator that any interest in this bequest should pass to his residuary legatees or heirs-at-law. On the contrary, it is distinct and positive in giving the whole to the trustee for his wife without any reservation. Indeed, if he had ever had any experience or observation in such matters, the last thing he would be likely to do would be to have his trustee liable to be called to account and to be intermeddled with by the interest or avarice of legatees, some of whom might grudge every dollar…

2Cited by2 opinions

  1. McAllister v. HayesSupreme Court of New Hampshire · 1911
  2. Rollins v. MerrillSupreme Court of New Hampshire · 1900

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