Thyng v. Moses
Supreme Court of New Hampshire
Bill in Equity, by a trustee, under the will of Theodore Moses, for construction of the will, and direction as to the distribution of trust funds now in his hands. The will gives to Ann A. Moses, daughter of the testator, “ a good and comfortable support during her natural life.” It then gives the interest and income of certain specified sums to each one of his other seven children for life, the principal in each case to go to the children of his said children per stirpes.
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Bill in Equity, by a trustee, under the will of Theodore Moses, for construction of the will, and direction as to the distribution of trust funds now in his hands. The will gives to Ann A. Moses, daughter of the testator, “ a good and comfortable support during her natural life.” It then gives the interest and income of certain specified sums to each one of his other seven children for life, the principal in each case to go to the children of his said children per stirpes. A residuary clause gives the residue of his estate “ to my said children, their heirs and assigns forever.” All the…
1Opinion of the CourtClark, J.
The trust was created by the provisions of the will respecting the life legacies and the support of Ann A. Moses. The uncertainty as to the amount which would be required for her support rendered a division of the estate impracticable during-her lifetime; but her death removed the uncertainty, and the debts and special legacies being paid, no contingency remains, and no reason exists why a distribution of the estate cannot now be made. Ordinarily the beneficiaries under a will, unless it is otherwise provided, are entitled to their respective shares of the estate-as soon as they can be…
2Cited by2 opinions
- American University v. ForbesSupreme Court of New Hampshire · 1936
- White v. ChaplinSupreme Court of New Hampshire · 1929