MERCER v. MERCHANTS NAT'L BANK

No. 6188.

112 N.H. 441 (1972)

LUCILLE H. MERCER & a. v. MERCHANTS NATIONAL BANK, TRUSTEE UNDER THE WILL OF BUSHROD W. HILL.

Supreme Court of New Hampshire.

December 29, 1972.


Attorney(s) appearing for the Case

Grinnell & Bureau (Mr. George H. Grinnell orally) for the plaintiffs.

Wadleigh, Starr, Peters, Dunn & Kohls (Mr. Theodore Wadleigh orally) for the defendant.


KENISON, C.J.

The question for decision in this case is whether a trustee may charge the portion of its fee attributable to principal at the termination of the trust instead of periodically during the life of the trust. The Probate Court (Treat, J.) allowed the defendant's termination fee, and an appeal was taken to the superior court which also ruled in favor of the defendant-trustee. Plaintiffs' exception to the court's denial of their motion to set aside...

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