Petition of Burnham
Supreme Court of New Hampshire
Petition, for advice as to the validity of the residuary clause of the will of Emeline R. Balch, and in particular requesting information as to whether the trust fund there provided for should be used for maintaining a hospital for general use, or whether the trustees should apply the fund to establish and maintain a hospital for a special use, and if so for what use.
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Petition, for advice as to the validity of the residuary clause of the will of Emeline R. Balch, and in particular requesting information as to whether the trust fund there provided for should be used for maintaining a hospital for general use, or whether the trustees should apply the fund to establish and maintain a hospital for a special use, and if so for what use. There was a trial in the superior court at the May term, 1907, before Peaslee, J., at which time the trustees, the testatrix’s heirs-at-law, the attorney-general, and persons interested in a hospital for a special use appeared…
1Opinion of the CourtBingham, J.
The heirs concede that the words used in the residuary clause of the will are sufficiently definite in themselves to create a charitable trust; but they contend, first, that they were not permitted at the trial in the superior court to be heard or to cross-examine witnesses upon the question of the practicability of establishing another general hospital at Manchester, — that if they had been, they could have shown that it was impracticable to do so, and that the trust attempted to be created was void, — and, second, that all the evidence that was introduced at the trial was to the effect that…
2Cases cited1 opinion
- Haynes v. CarrSupreme Court of New Hampshire · 1900
3Cited by10 opinions
- O'Hara v. Grand Lodge of Independent Order of Good TemplarsCalifornia Supreme Court · 1931
- Society of the Cincinnati v. ExeterSupreme Court of New Hampshire · 1943
- State Ex Rel. Carmichael v. BibbSupreme Court of Alabama · 1937
- Greenway v. Irvine's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1939
- Adams v. PageSupreme Court of New Hampshire · 1911
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