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eBook details

• Title: Frederick W. Fowler v. Frederick L
• Author : Supreme Court of New Hampshire
• Release Date : January 01, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The testator clearly intended that the trust estate should be held for his brother's benefit during the latter's life. It is equally clear that the brother was to have no voice in the charge and management of it, nor any right to its use or expenditure in such manner as he might demand. What was proper to be used and expended for his benefit was to be determined within the limits of reasonable discretion (Eaton v. Eaton , 82 N.H. 216), not by him, but by another. The will is silent in any mention of a trustee in place of the one it names. But a trust is to be maintained and enforced by a substitute trustee when there is a vacancy in the trusteeship. Although the will makes no provision therefor, one will be appointed, and with such powers as the due execution of the trust requires.

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