CITIZENS NAT. BANK v. ST. PETERS LODGE

No. 4783.

102 N.H. 352 (1959)

CITIZENS NATIONAL BANK v. ST. PETERS LODGE OF MASONS & a.

Supreme Court of New Hampshire.

Decided December 31, 1959.


Attorney(s) appearing for the Case

Kenneth E. Shaw and Shulins & Duncan for the plaintiff.

Ernest R. D'Amours, Director of Charitable Trusts, pro se.


KENISON, C. J.

A trust that is dead but cannot be buried is a minor disaster that the progressive development of the law of trusts seeks to avoid or alleviate whenever possible. In the present case termination of the trust is sought to prevent the trust from continuing in a dormant state until 1972. Whether this relief can be granted is necessarily dependent upon a proper construction of the trust provisions. 4 (Part 2) Bogert, Trusts & Trustees, s. 1002...

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