Barker v. Barker
Supreme Court of New Hampshire
Petition, praying for the appointment of trustees to fill vacancies caused by the resignation of four of the seven members previously appointed upon the board of trustees created by the will of Hiram Barker, which is printed at length in Hdgerly v. Barker, 66 N. H. 434. Charles B. Barker, one of the defendants and a member of the board of trustees, filed an answer admitting the existence of the vacancies in the board, but denying that there was any occasion for filling them.
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Petition, praying for the appointment of trustees to fill vacancies caused by the resignation of four of the seven members previously appointed upon the board of trustees created by the will of Hiram Barker, which is printed at length in Hdgerly v. Barker, 66 N. H. 434. Charles B. Barker, one of the defendants and a member of the board of trustees, filed an answer admitting the existence of the vacancies in the board, but denying that there was any occasion for filling them. He offered to resign his trust, alleged that the number of trustees should be reduced to one in order to preserve the…
1Opinion of the CourtBingham, J.
We have here an estate which the testator understood when he made his will was worth $800,000, and which in the early years of the trust produced a net income of $20,000. In a period of eighteen years it has shrunk from one cause or another, including " payments to trustees and appropriations to beneficiaries, to about $200,000, and now yields an income of less than $5,000 after deducting taxes and incidental expenses, but not including trustees’ fees, miscellaneous expenses of management, and necessary repairs. The testator provided in his will for a board of six trustees, and that his son…
2Cases cited5 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Rogers v. . RogersNew York Court of Appeals · 1888
- Wilson v. WilsonMassachusetts Supreme Judicial Court · 1888
- Inhabitants of AnsonSupreme Judicial Court of Maine · 1892
- Austin v. AustinNebraska Supreme Court · 1885
3Cited by4 opinions
- Gale v. GaleSupreme Court of New Hampshire · 1932
- In re Surviving Trustees under Deed of Trust Made by BattinNew Jersey Court of Chancery · 1916
- In Re Lowe's EstateUtah Supreme Court · 1926
- Hodgkin v. MartinCourt of Appeals of Kentucky (pre-1976) · 1936