MUNSEY v. LACONIA HOME

No. 4846.

103 N.H. 42 (1960)

EVERETT D. MUNSEY, Successor Trustee u/w/o IMOGENE F. COOKE v. LACONIA HOME FOR THE AGED & a.

Supreme Court of New Hampshire.

Decided October 28, 1960.


Attorney(s) appearing for the Case

Nighswander, Lord & Bownes and William T. Krasnow (Mr. Krasnow orally), for the plaintiff.

Normandin & Normandin and Thomas P. Cheney (Mr. Cheney orally), for the defendant.

Harold E. Wescott and Peter V. Millham (Mr. Millham orally), for the defendant Charles C. Rogers, guardian of Alberta F. Folsom.

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


KENISON, C. J.

The core of the questions reserved without ruling is whether the discretionary powers of the named trustee passed to the successor trustee under a will which neither provided for nor prohibited the appointment of a successor trustee. One "provision that should be routine in every trust" but is "absent in most" is presenting some method of filling the office if a vacancy occurs. Sargent, Sins of Oversight in Wills and Trusts, 30 B. U. L. Rev. 301, 310...

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