60 N.H. 527 | N.H. | 1881
The defendant was never appointed guardian of the plaintiff, and the natural guardianship, which existed by reason of the relationship of parent and child, did not authorize the defendant to retain or use the fund. 3 Red. Wills 435, 436; Per. Tr., s. 612. As trustee under the will, or as receiving money in trust for the plaintiff, the defendant never gave a bond in probate court for the faithful performance of the trust, as provided by Gen. Laws, c. 205, s. 1, and the probate court has no jurisdiction of the cause. Pickering v. DeRochemont,
Ordinarily the cestui que trust could not maintain an action at law against the trustee for breach of the trust while the trust is in force and unperformed. The remedy is in equity. The action at law can only be maintained when the trust is at an end, and nothing remains to be done except the payment by the trustee to the cestui que trust of the sum found in his hands. Per. Tr., s. 843; Pickering v. DeRochemont, supra, 78. *528
The defendant claims to be allowed for the care and education of the plaintiff, who is his daughter. By the rigid rules of the common law, the father was bound to support and educate his children, and, if of sufficient ability, could make no charge for maintenance on the child's estate. 2 Kent 191; Per. Tr., s. 612; Sparhawk v. Buell,
Case discharged.
STANLEY, J., did not sit: the others concurred.