Straw's Petition

102 A. 628, 78 N.H. 506, 1917 N.H. LEXIS 53

• Court: Supreme Court of New Hampshire
• Decided: December 4, 1917
• Status: Published

Opinion

Plummer, J.

The power to appoint trustees of estates is not vested in the supreme court. “The probate court has jurisdiction <of wills and of the estates of deceased persons. P. S., c. 182, s. 2. . . . It is the duty of the probate court to administer trusts created by wills. P. S., c. 198. This duty necessarily carries with it that of appointing the trustees needed to execute such trusts (P. S., c. 185, s. 2, cl. XII; Ib-, c. 198, s. 6).” Carr v. Corning, 73 N. H. 362, 365. “Judges of probate have exclusive, original jurisdiction of the probate of wills and the settlement and distribution of the estates of deceased persons. Const., art. 79; P. S., c. 182, s. 2.” Knight v. Hollings, 73 N. H. 495, 497; Glover v. Baker, 76 N. H. 393, 398. The provision contained in the will of the testatrix that the supreme court may fill vacancies that occur in the board of trustees, does not confer jurisdiction upon the court to .appoint trustees to fill vacancies. “Consent cannot confer jurisdiction where none exists. Whenever it appears that a court has no jurisdiction of the subject-matter of the suit, the proceeding is dismissed even if no objection is made. ” Burgess v. Burgess, 71 N. H. .293.

Petition dismissed,. *

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