Newton v. Healy, Attorney General
Supreme Court of Connecticut
Suit by testamentary trustees of a charitable trust, holding the fund upon trust to expend the income thereof in maintaining or assisting in maintaining a school above the ordinary grade of common schools in the town of Durham, to determine whether they have authority to pay one half of the principal of the trust fund to the town of Durham toward the cost of equipping a proposed school building with facilities for instruction in the higher branches of public school…
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Suit by testamentary trustees of a charitable trust, holding the fund upon trust to expend the income thereof in maintaining or assisting in maintaining a school above the ordinary grade of common schools in the town of Durham, to determine whether they have authority to pay one half of the principal of the trust fund to the town of Durham toward the cost of equipping a proposed school building with facilities for instruction in the higher branches of public school education, brought to and reserved by the Superior Court in Middlesex County, Avery, J., upon the admitted allegations of the…
1Opinion of the CourtBeach, J.
We are not able to construe the terms of the trust as authorizing the expenditure by the trustees of any part of the principal of the trust fund for the purpose contemplated; and it is not very confidently contended that such authority can be read into the will by any process of construction merely. The authority given to the trustees as to the remainder of the corpus of the trust after the death of the testator’s widow, is “to hold, exchange, invest and reinvest the remainder thereof, changing the investments from time to time as they may think proper; and to expend the income thereof” for…
2Cases cited6 opinions
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- Bridgeport Public Library & Reading Room v. Burroughs HomeSupreme Court of Connecticut · 1912
- First Congregational Society v. City of BridgeportSupreme Court of Connecticut · 1923
- Hayden v. Connecticut HospitalSupreme Court of Connecticut · 1894
- Allen v. Trustees of Nasson InstituteSupreme Judicial Court of Maine · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Shannon v. EnoSupreme Court of Connecticut · 1935
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Pomfret School v. Town of PomfretSupreme Court of Connecticut · 1927
- Waterbury Trust Co. v. PorterSupreme Court of Connecticut · 1944
- Seymour v. Attorney GeneralSupreme Court of Connecticut · 1938
19 more not listed; retrieve them via the Exa API.