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69 N.H. 212

42 A 900

Towle v. Nesmith

Supreme Court of New Hampshire

Decided December 5, 1897

Supreme Court of New Hampshire · decided 1897-12-05

Bill in Equity, Facts found by the court. Zoe A. Flanders died in Í88I, léávitlg a will by which she made the plaintiff her residuary legatee, gave to her son Ransom, for life, the use of a tract of land and in a certain event a weekly sum out of her money in a savings bank, and further provided as follows :: “ After said Ransom’s decease, I direct that said land, of whichi said Ransom has the use, be sold, and the use of the proceeds,, together with the use of the balance…

Cited by 1 later decisions — most recently April 1927

1 state decisions

Relies on Gafney v. Kenison · Lovell v. Charlestown

Good law ✅— No negative treatment on recordhow we know

Decided 1897-12-05

View the full empirical analysis of this case →

Pike, J.

¶1 The legacy to the town is for charitable uses. 'There is no uncertainty in respect to the beneficiaries. They are “the poor widows, and children under ten years of age,” who are inhabitants of the town. They can easily be ascertained. Gafney v. Kenison, 64 N. H. 354, 356; Lovell v. Charlestown, 66 N. H. 584, 586.

¶2 A trustee should be appointed in place of the town.

¶3 Case discharged.

Chase, J., did not sit: the others concurred.
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