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PORTSMOUTH HOSPITAL v. ATTORNEY GENERAL

No. 4975.

104 N.H. 51 (1962)

PORTSMOUTH HOSPITAL & a. v. ATTORNEY GENERAL.

Supreme Court of New Hampshire.

Decided March 6, 1962.

Attorney(s) appearing for the Case

Boynton, Waldron & Dill (Mr. Wyman P. Boynton orally), for the plaintiffs.

Maurice J. Murphy, Jr., Attorney General, and Ernest R. D'Amours, Director of Register of Charitable Trusts (Mr. D'Amours orally), for the Attorney General.

McLane, Carleton, Graf, Greene & Brown (Mr. Kenneth F. Graf orally), amicus curiae.

Arthur H. Nighswander (by brief and orally), amicus curiae.

Franklin Hollis, amicus curiae.

BLANDIN, J.

The first question transferred is whether the Superior Court has "jurisdiction to entertain the petition for termination" of the testamentary trust. The plaintiff trustees' bill in equity contained a prayer for termination, and implicit in the transferred questions are the issues of whether the situation is a proper one for the application of a deviation or the cy pres doctrine. In such cases we have not hesitated to hold that the Superior Court...

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