Trs. of Pembroke Acad. v. Epsom Sch. Dist
| Citation | 75 A. 100,75 N.H. 408 |
| Parties | TRUSTEES OF PEMBROKE ACADEMY v. EPSOM SCHOOL DIST. et al. |
| Decision Date | 04 January 1910 |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Merrimack County; Pike, Judge.
Bill by the Trustees of Pembroke Academy against the Epsom School District and another for directions as to the disposition of a charitable trust fund. Case transferred without ruling from the Superior Court. Case discharged.
Ephraim Locke died in 1892. The sixth clause of his will is: "I give and bequeath to the trustees of Pembroke Academy the sum of one thousand dollars in money, the annual income of which sum I wish to be expended in paying the tuition of such poor boys in said town of Epsom, of good moral character, as may be recommended from time to time to the trustees of said Academy by a majority of the board of selectmen of said town of Epsom as worthy and deserving this privilege."
Epsom has no high school, and Pembroke Academy has been approved by the state superintendent of public instruction as a school complying with chapter 96, Laws 1901, and the amendments thereto. Since this legislation went into effect, the plaintiffs have charged the tuition of their Epsom students to the defendant district, while the district claims that the income of the Locke fund should be applied to that account.
Streeter & Hollis and Fred C. Demond, for plaintiffs. Martin & Howe and Joseph A. Donigan, for Epsom School Dist.
Edwin G. Eastman, Atty. Gen., furnished no brief. Other defendants, pro sese.
The plaintiffs' first position is that the words of the bequest are merely precatory, and therefore there is no enforceable obligation to carry out the wish expressed by the testator concerning the application of the income of the fund. "The words 'desire,' 'request,' 'recommend,' 'hope,' 'not doubting,' that the executor will conduct in a specified manner, when they come from a testator who has the power to command, are to be construed as commands, clothed merely in the language Of civility; and they impose on the executor a duty which courts have in repeated instances enforced." Erickson v. Willard, 1 N. H. 217, 229. Foster v. Willson, 68 N. H. 241, 242, 38 Atl. 1003, 73 Am. St. Rep. 581. These authorities seem...
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...to create a trust is enforceable as a trust. Colton v. Colton, 127 U.S. 300; Murphy v. Carlin, (Mo.) 20 S.W. 786; Trustees v. School Dist., (N. H.) 75 A. 100. statute will not be declared void unless its injury appears beyond reasonable doubt. Zancanelli v. Co., 25 Wyo. 511; State v. W. S. ......
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Notinger v. Migliaccio (In re Fin. Res. Mortg., Inc.)
...language or formalities are not necessary in order to create an express trust in New Hampshire. See Trustees of Pembroke Acad. v. Epsom Sch. Dis., 75 N.H. 408, 75 A. 100 (1910). The intention of the parties is the key. Id. There only needs to be an agreement between the parties expressed ei......
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Notinger v. Migliaccio (In re Fin. Res. Mortg., Inc.), Bk. No. 09-14565-JMD
...or formalities are not necessary in order to create an express trust in New Hampshire. See Trustees of Pembroke Acad. v. Epsom Sch. Dis., 75 N.H. 408 (1910). The intention of the parties is the key. Id. There only needs to be an agreement between the parties expressed either in writing, ora......
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