Weed v. White

• Decision Date: 01 January 1924
• Docket Number: No. 1926.,1926.
• Citation: 123 A. 585
• Parties: WEED v. WHITE et al.
• Court: New Hampshire Supreme Court

123 A. 585

WEED

v. WHITE et al.

No. 1926.

Supreme Court of New Hampshire. Carroll.

Jan. 1, 1924.

Petition by George m. Weed, surviving trustee under the will of Charles h. White, deceased, for instruction as to the rights of Ellen Louise White and another under the will. Case discharged.

Petition for instruction by the surviving trustee under the will of Charles H. White. White died July 25, 1914, leaving a will which was duly proved and allowed August 4, 1914. The portion of the will as to which instructions are asked is as follows:

"All the rest residue and remainder of my estate real, personal and mixed, I give, devise and bequeath to George W. Wiggin, of Franklin, Massachusetts, and George m. Weed, of Concord, Massachusetts and the survivor of them to have and to hold the same to them their heirs and assigns but in trust for the following purposes, that is to manage, sell and lispose of such estate in their discretion * * * to invest and reinvest the proceeds thereof in such securities and investments" as they may deem best, and to pay the net income thereof and arising therefrom half yearly as follows, namely; To my sister Susan F. French, for and during her natural life, the net income of three thousand dollars; to Harry Huckins, son of my sister Sarah F. Huckins, for and during his natural life, the net income of two thousand five hundred dollars ($2,500); to my said daughter Ellen Louise White for and during her natural life, all the remainder of said net income, whether the same shall accrue before or after the decease of said Susan F. French and Harry Huckins, or either of them.

"In case my said daughter shall die before said Susan F. French and Harry Huckins, or either of them, and leaving a child or children living at her decease, I direct my said trustee or trustees, to pay over to said child or children so much of said residue of my estate as shall not be required for said income to said Susan F. French and Harry Huckins or either of them, but in case she shall die leaving no child or children living at her decease, then I direct my said trustees or trustee, shall pay that portion of said residue to said Carl R. Mayes. At the death of Susan F. French and Harry Huckins I direct my said trustees or trustee to pay that portion of said residue required to produce their portion of said net income respectively to said child or children of my said daughter living, if any, but otherwise to said Carl R. Hayes."

The petitioner and Wiggin were duly appointed trustees under the will December 7, 1915. Wiggin died March 23, 1922. Susan F. French died April 16, 1921, and Harry Huckins died July 24, 1922. Ellen Louise White is 43...