Green v. Parker

Supreme Court of New Hampshire

Green v. Parker

32 A.2d 316, 92 N.H. 419, 1943 N.H. LEXIS 105

CourtSupreme Court of New Hampshire

DecidedMay 4, 1943

DocketNo. 3425.

StatusPublished

This text of 32 A.2d 316 (Green v. Parker) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Parker, 32 A.2d 316, 92 N.H. 419, 1943 N.H. LEXIS 105 (N.H. 1943).

Pincite

Opinion

Per Curiam.

The finding that the trust is impossible of execution as the will provides implies that- there is no reasonable prospect of the accumulation of the fund becoming sufficient to establish the charity or of maintaining it if it should be established. The contingencies are thus so remote in possibility of fulfillment that the trust fails for impracticality. Restatement, Trusts, s. 399g. The doctrine of cy pres may not be applied, since the scheme of the testatrix in its general purpose fails. The doctrine avoids failure of a charity only when minor features of it become impossible or impractical of performance.

There is, therefore, an intestacy of the residue which belongs to the testatrix’ mother who is the sole heir-at-law.

Case discharged.

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Per Curiam.

The finding that the trust is impossible of execution as the will provides implies that- there is no reasonable prospect of the accumulation of the fund becoming sufficient to establish the charity or of maintaining it if it should be established. The contingencies are thus so remote in possibility of fulfillment that the trust fails for impracticality. Restatement, Trusts, s. 399g. The doctrine of cy pres may not be applied, since the scheme of the testatrix in its general purpose fails. The doctrine avoids failure of a charity only when minor features of it become impossible or impractical of performance.

There is, therefore, an intestacy of the residue which belongs to the testatrix’ mother who is the sole heir-at-law.

Case discharged.

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Bluebook (online)

32 A.2d 316, 92 N.H. 419, 1943 N.H. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-parker-nh-1943.