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JACOBS v. BEAN

No. 4342.

99 N.H. 239 (1954)

NORMAN JACOBS & a., Ex'rs v. ALBERT N. BEAN & a.

Supreme Court of New Hampshire.

Decided October 29, 1954.

Attorney(s) appearing for the Case

Arthur J. Bergeron and J. L. Blais (Mr. Blais orally), for the executors, amici curiae.

Nighswander, Lord & Bownes (Mr. Lord orally), for the guardian ad litem.

The petitionees appeared pro se.

KENISON, C. J.

A will may direct a fiduciary to do the impractical but it cannot require him to do the impossible. Hayward v. Spaulding, 75 N.H. 92, 94; N. H. Anno. Restatement, Trusts, s. 165. "Sometimes the purpose for which a private express trust was created becomes impossible of accomplishment . . . ." 4 Powell, Real Property, s. 567, p. 425 (1954). In that case, depending on the provisions...

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