Parker v. Leach

• Decision Date: 13 March 1891
• Citation: 31 A. 19,66 N.H. 416
• Parties: PARKER et al. v. LEACH et al.
• Court: New Hampshire Supreme Court

31 A. 19

66 N.H. 416

PARKER et al.

v. LEACH et al.

Supreme Court of New Hampshire. Hillsborough.

March 13, 1891.

Bill by Walter M. Parker and David S. Leach, executors, against Charles W. Leach and others, for direction of construction of a will.

The plaintiffs are executors of the will of David S. Leach, made April 24, 1877, which contained, among others, the following bequests: "3rd. I give, bequeath, and devise unto the sons of David R. Leach, begotten by him during his natural life, my undivided half of a certain parcel of land, with the brick buildings thereon, called the 'Martin Block,' * * * to have and to hold the same, to them and their heirs and assigns, in equal shares, subject to the following legacy: 4th. I give, bequeath, and devise to the daughters of David R. Leach, begotten by him during his natural life, the sum of five hundred dollars each, to be paid, in one year from my decease, from the income of said Martin Block." January 19, 1878, the testator made a codicil to his will, containing the following: "I hereby revoke item 3rd in said will, devising to the sons of David R. Leach one undivided half of Martin's Block, and in lieu of said legacy I give and bequeath unto said legatees the sum of one thousand dollars each, and no more, payable on their arriving at the age of twenty-one years, respectively, without interest. I hereby revoke and strike out of item 4 the words 'out of the income of said Martin Block,' being the last eight words in said item. I also revoke so much of said Item as relates to the time of payment of said legacies, and instead thereof I direct that the same be paid when the legatees arrive at the age of twenty-one years, respectively." The residuary clause gave all of the estate undisposed of to the trustees of funds for a certain charity, upon condition that the trustees should serve without compensation in the execution of their trust. And in case of the failure of said legacy by reason of that condition the residue is given to another charity. David R. Leach is living, 51 years of age, and married. There have been born to him eight children, both sons and daughters. One, born February 25, 1876, died shortly after birth; one, George B. Leach, born November 8, 1863, died November 24, 1878. The testator died April 1, 1878. One child—a daughter—has been born to David R. Leach since the testator's death. The executors have performed all the duties imposed upon them, except the payment of the legacies to such of the sons and daughters of David R. Leach as have not attained the age of 21 years, and such as may hereafter be...