Joy v. Fesler
Supreme Court of New Hampshire
Bill in Equity, by an executor against bis co-executrix, asking for a construction of the following clauses in the will of Sarah E. Griffiths: “ 5th. I give and. bequeath to the town of Durham in said state the sum of three hundred dollars in trust for the following purpose : to hold, manage, and invest the same, and expend the income in making necessary repairs upon my burial lot in said Durham. “ 6th.
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Bill in Equity, by an executor against bis co-executrix, asking for a construction of the following clauses in the will of Sarah E. Griffiths: “ 5th. I give and. bequeath to the town of Durham in said state the sum of three hundred dollars in trust for the following purpose : to hold, manage, and invest the same, and expend the income in making necessary repairs upon my burial lot in said Durham. “ 6th. I authorize, request, and direct my executors herein named to appropriate and expend from my estate the sum of three thousand dollars for the purpose of erecting a suitable monument to my…
1Opinion of the CourtChase, J.
The burying-ground in the Joy farm was set apart by the owners of the farm for the use of the Joy family. The testatrix, being a member of the family, had a right to appropriate .a reasonable portion of it for a burial lot for herself. By directing that her remains should be deposited in a permanent brick vault in this ground, she signified her election to make use of her right. She did not select the particular location for her lot, nor determine its size and form, but left these matters to be attended to by her executors. They could not perform the duties expressly imposed upon them without…
2Cases cited1 opinion
- Ordway v. DowSupreme Court of New Hampshire · 1874