Foster v. Willson
Supreme Court of New Hampshire
Bill in Equity, alleging that Ella H. Willson, daughter of the plaintiff” and wife of the defendant, died April 13,1892, leaving a will which was executed March 28,1892, and was approved and allowed April 22, 1892; that the defendant was appointed executor thereof and has accepted said trust; that since the decease of the testatrix, the plaintiff' continued to live in the defendant’s family until March 1,1893 ; that the plaintiff' is eighty-two years old, is infirm by reason…
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Bill in Equity, alleging that Ella H. Willson, daughter of the plaintiff” and wife of the defendant, died April 13,1892, leaving a will which was executed March 28,1892, and was approved and allowed April 22, 1892; that the defendant was appointed executor thereof and has accepted said trust; that since the decease of the testatrix, the plaintiff' continued to live in the defendant’s family until March 1,1893 ; that the plaintiff' is eighty-two years old, is infirm by reason of his advanced age, and requires' personal care and attention; that by reason of the defendant’s neglect and…
1Opinion of the CourtBlodgett, J.
The intention of the testatrix to provide for the maintenance of her father being sufficiently apparent from the will itself, it is the duty of the court to effectuate it by regarding the defendant as trustee for the father, if, from the whole trans••action and the words used, such a trust may be fairly implied.
In determining this question it is to be borne in mind that there is no uncertainty as to the subject or object of the testatrix’s ■expression of her wish and desire; and that precatory words in ;a will, equally with direct fiduciary expressions, will constitute a trust. “ Technical…
2Cases cited1 opinion
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
3Cited by6 opinions
- Cumming v. PendletonSupreme Court of Connecticut · 1931
- Trustees of Pembroke Academy v. Epsom School DistrictSupreme Court of New Hampshire · 1910
- Moss v. AxfordMichigan Supreme Court · 1929
- Estate of Whitcomb, Superior Court of California, County of San Francisco1890
- Holmes v. MacKieSupreme Court of New Hampshire · 1933
1 more not listed; retrieve them via the Exa API.