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70 N.H. 229

47 A 93

French v. Westgate

Supreme Court of New Hampshire

Decided December 5, 1899

Supreme Court of New Hampshire · decided 1899-12-05

Bile in Equity, alleging that J. W. French, deceased testate, made a devise as follows: “ I give, bequeath, and devise unto Wm.

Relies on Eastman v. Savings Bank · Kendall v. Kendall · Lebanon Savings Bank v. Waterman

Good law ✅— No negative treatment on recordhow we know

Decided 1899-12-05

How this case has been cited

Cited by 5 later decisions — most recently March 1931

5 state decisions

2018991900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chase, J.

¶1 The trustee’s power of sale was not left to Ms discretion, but was to be exercised whenever the cestuis que trust agreed that a sale should be made. It was a power coupled with a trust. 1 Per. Tr., s. 248. Equity has jurisdiction to cause such powers to be executed. 1 Sto. Eq. Jur., ss. 533, 1061; P. S., c. 205, s. 1. There is no action at law winch would afford an adequate remedy (Kendall v. Kendall, 60 N. H. 527), and the legislature has not given probate courts jurisdiction in such matters. P. S., c. 198. The allegations of the bill state a case that is within. eqMty jurisdiction. If the defendant Nutter has changed her mind and does not now agree to a sale, it does not follow that the plaintiff is not entitled to have the sale made. Nutter may be bound by the agreement wMch she entered mto, or, if not, the circumstances may be such that the plamtiff is entitled to relief notwithstanding her opposition. EqMty, having jurisdiction of tMs. matter, can afford complete relief, Mcludmg the assessment of the plaintiff’s damages, if any, growmg out of the trustee’s neglect and the settlement of the trustee’s account. Eastman v. Savings Bank, 58 N. H. 421. It is unnecessary to determine whether eqmty would take jurisdiction of the accounting if that alone were the object of the suit, or whether it would leave that matter to the statutory jurisdiction of the probate court. Lebanon Savings Bank v. Waterman, 65 N. H. 88.

¶2 Motion denied.

All concurred.
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