Edgerly v. Barker
Supreme Court of New Hampshire
Appeal, from a decree of the judge of probate appointing the defendant a co-trustee with the plaintiffs under the will of Hiram Barker. The will and codicils contained provisions for the payment of sundry legacies, and also the following: “ Eighth.
Read the full summary
Appeal, from a decree of the judge of probate appointing the defendant a co-trustee with the plaintiffs under the will of Hiram Barker. The will and codicils contained provisions for the payment of sundry legacies, and also the following: “ Eighth. I give, bequeath, and devise all the rest, residue, and remainder of my estate, real, personal, or mixed, of every name, nature, and description, and wherever found or situate, to [naming the trustees] and their successors and their heirs in trust for the following purposes, to wit: “ First. To carry on, manage, and improve all my real estate to…
1Opinion of the CourtChase, J.
The testator, in the exercise of his legal right (Per.. Tr., s. 287), made the defendant’s right to be a trustee dependent, upon a condition precedent. In the words of the will, the defendant must “become and remain temperate, sober, and correct in his habits for the entire space of five years together ” before he will be entitled to that office. In order to carry the provision into effect, it was necessary that some one should have authority to decide whether the condition had been complied with. If the testator did not specially authorize some one to do this, the courts, having jurisdiction…
2Cases cited1 opinion
- Cram v. CramSupreme Court of New Hampshire · 1884
3Cited by1 opinion
- Eaton v. EatonSupreme Court of New Hampshire · 1921