Smith v. Greeley
Supreme Court of New Hampshire
Bile in Equity. The plaintiff is executor of the will of Samuel Greeley, late of Hudson in this county. The testator’s will was proved April 22,1879. The plaintiff asks for construction of a certain part of the will. The terms of the will referred to are these: “ I give, bequeath, and devise to David O. Smith of Hudson, ¡aforesaid, trustee, in trust, the tract of land with the buildings thereon, situated in said Hudson, known as the Tenney Farm.
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Bile in Equity. The plaintiff is executor of the will of Samuel Greeley, late of Hudson in this county. The testator’s will was proved April 22,1879. The plaintiff asks for construction of a certain part of the will. The terms of the will referred to are these: “ I give, bequeath, and devise to David O. Smith of Hudson, ¡aforesaid, trustee, in trust, the tract of land with the buildings thereon, situated in said Hudson, known as the Tenney Farm. “Also one undivided half of my land in said Hudson, lying between the Burns road, so called, and the Hills meadow, containing in all, 40 acres, more…
1Opinion of the CourtClark, J.
By conferring upon the trustee the power to convert the real estate devised into money at his discretion, the testator indicated a purpose to provide a fund, the income of which,, and so much of the principal as the trustee might consider necessary, should be applied to the support and maintenance of his son, James C. Greeley, or his family, and that the trustee should terminate the trust by transferring whatever of the fund remained to James C. Greeley and his heirs when he considered it advisable to do so. The trust estate set apart by the testator for the-support of his son, or his son’s…
2Cases cited1 opinion
- Townsend v. TownsendMassachusetts Supreme Judicial Court · 1892
3Cited by3 opinions
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Robertson v. JonesSupreme Court of Missouri · 1940
- Estate of Marlin v. MarlinNebraska Supreme Court · 1941