Attorney-General ex rel. Abbot v. Town of Dublin
Supreme Court of New Hampshire
This case was heard and decided July term, 1859, and is reported in 88 N. H. 459. then moved that their costs should be paid out of the fund. He contended that a town, as trustee of a charitable fund, is entitled to indemnity out of the fund; Dan. Ch. Pr., 1517, 1554, 1584; and that the plaintiffs should not be required to pay costs in a case like this ; at least, not to the trustee, who can be reimbursed out of the fund. Dan.
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This case was heard and decided July term, 1859, and is reported in 88 N. H. 459. then moved that their costs should be paid out of the fund. He contended that a town, as trustee of a charitable fund, is entitled to indemnity out of the fund; Dan. Ch. Pr., 1517, 1554, 1584; and that the plaintiffs should not be required to pay costs in a case like this ; at least, not to the trustee, who can be reimbursed out of the fund. Dan. Ch. Pr., 18, 1516, 1520, 1541, 1584; Jones v. Mason, 5 Rand. 577; Hofner v. Skinner, 5 Paige 526; Murray v. Phillips, 1 Paige 472; Nicoll v. Huntington, 1 Johns. Ch.…
1Opinion of the CourtBell, C. J.
By the practice of the English chancery, where a will is so ambiguously expressed as to make it proper for the executor to'take the direction of the court, if he has acted fairly, he will be allowed his costs out of the general estate. And the same rule is generally applied, where the action is brought by any party in interest. Jolliffe v. East, 3 Bro. C. C. 27; Ruddock v. Poole, 1 Jur. 980; King v. Strong, 9 Paige 94; Hawley v. James, 5 Paige 318; Smith v. Smith, 4 Paige 271; Sawyer v. Baldwin, 20 Pick. 378 ; Dan. Ch. Pr. 1573.
And if all proper parties are before the court, the whole costs…
2Cases cited12 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Morrell v. DickeyNew York Court of Chancery · 1814
- Irving v. De KayNew York Court of Chancery · 1842
- Dunscomb v. DunscombNew York Court of Chancery · 1815
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3Cited by1 opinion
- Kimball v. Bible SocietySupreme Court of New Hampshire · 1889