KATZ v. KATZ

No. 5105.

104 N.H. 478 (1963)

SAMUEL KATZ v. WILLIAM KATZ & a.

Supreme Court of New Hampshire.

Decided April 30, 1963.


Attorney(s) appearing for the Case

Chretien & Chretien and Emile R. Bussiere (Mr. Bussiere orally), for the plaintiff Samuel Katz.

Devine, Millimet, McDonough, Stahl & Branch (Mr. J. Murray Devine orally), for the defendant William Katz.

McLane, Carleton, Graf, Greene & Brown and G. Marshall Abbey (Mr. Abbey orally), for the intervenors Paul George Katz and Ruth Frances Katz Honig.


LAMPRON, J.

Joseph and Libby Katz, father and mother of Samuel and William, were the settlors of an inter vivos trust, created June 4, 1940, of which William Katz was named the sole trustee. The entire corpus of this trust consisted of real estate situated mainly in Manchester and much of which was in a dilapidated condition and substandard.

From the net income the trustee was to pay Joseph and Libby and the survivor a minimum of $25 per week. The remaining...

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