Citation Numbers: 32 A. 160, 66 N.H. 584
Judges: Allen, Chase
Filed Date: 6/5/1891
Status: Precedential
Modified Date: 10/19/2024
1. Is the bequest to Charlestown of such a nature that the town can legally accept and hold the same? The residuary bequest was to the town of Charlestown, to hold forever as a fund, and to pay the income annually in December each year, through the direction of the selectmen, to widows then residing in the town, no one of whom should be worth property valued at over five hundred dollars. The bequest is a charitable one, the objects of the testator's bounty are readily ascertainable, and there is no uncertainty in any part of the gift. But it is objected that a town has no legal power to administer a trust for special objects, or for the benefit of individuals specially named or a class of individuals. The town could administer a fund given for its schools or for instruction in particular branches of education, and for maintaining high schools; but they have not the legal power to manage and administer a fund given for the building of a meeting-house and for maintaining therein religious worship. Chapin v. School District,
And towns and municipal corporations in this state may take and hold property in trust for any purpose not foreign to their institution, or incompatible with the objects of their organization. Sargent v. Cornish,
2. Did the legacies of $1,000 and $500 become due and payable to the respective legatees upon the date of the waiver of the will, or upon the death of the testator's widow? The construction of the will is the ascertainment of the testator's intention upon competent evidence. Kennard v. Kennard,
3. Do the accumulations of interest upon these legacies belong to the town alone, or to the two legatees and the town pro rata? The answer to the second question disposes of this. The representatives of Burrill Porter, who has deceased since the testator take $1,000 as of the date of the widow's death, and Jennette Poland takes $500 of the same date. This is precisely what the testator intended, and neither the widow, nor any other person, had the power to change the amount or time of payment of these legacies, excepting as her waiver of the will might have diminished the legacies. By the terms of the will these legatees were to have specific sums of money on the event of the death of the widow. They take that with interest from the time of her death until the legacies are paid. The remainder of the fund will be paid to the selectmen of Charlestown, and they will administer the trust according to the terms of the bequest.
Case discharged.
CHASE, J., did not sit: the others concurred. *Page 588