Goodhue v. Clark
Supreme Court of New Hampshire
In Equity. The bill states that ~W. Clark, deceased, by his will gave legacies to his wife, brothers and sisters, and to the Home Missionary Society, $150, and to the Foreign Missionary Society $150, and directed his real estate to be sold after his wife’s decease, and gave two thirds of the proceeds to the Foreign Missionary Society, and one third to the Home Missionary Society, and appointed the plaintiff his executor.
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In Equity. The bill states that ~W. Clark, deceased, by his will gave legacies to his wife, brothers and sisters, and to the Home Missionary Society, $150, and to the Foreign Missionary Society $150, and directed his real estate to be sold after his wife’s decease, and gave two thirds of the proceeds to the Foreign Missionary Society, and one third to the Home Missionary Society, and appointed the plaintiff his executor. The will was duly proved, and the plaintiff accepted the trust of exeeutor, and the widow is since deceased. The heirs deny that the charitable gifts can be carried into…
1Opinion of the CourtBell, J.
This bill is an application by an executor to the court for their direction in regard to the proper performance of his duties. It is of the nature, in many respects, of a bill of interpleader, but it is not strictly a bill of that class, since the executor cannot bring the subject of the controversy and the parties who claim it before the court, and there leave them to litigate the matter among themselves. He is still bound to act in his official position, and must remain a party to the close of the controversy; while .the plaintiff) in a bill of interpleader, seeks only a decree that the…
2Cases cited6 opinions
- Irving v. De KayNew York Court of Chancery · 1842
- Stephens v. Van BurenNew York Court of Chancery · 1829
- Banks v. PhelanNew York Supreme Court · 1848
- Osborne v. Taylor's adm'rSupreme Court of Virginia · 1855
- Rogers v. RossNew York Court of Chancery · 1820
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