Tuttle's Petition

The fundamental proposition upon which the motion is based is that, if the fund given to the town is more than is required toJsfiepJheUaumlTatNnjroper repair, the balance is estate’undisposed of by the will which falls to the heir-at-law. This question may be conveniently examined without stopping to consider whether it can be raised by the procedure which has been adopted. It may be conceded that, if the fund is larger than necessary or if in time there is an excess which cannot be used for the specific purpose expressed in the will, a trust in the excess would result for the benefit of the…