107 A. 625 | N.H. | 1919
If the words of the residuary clause are given their ordinary meaning the testator intended to create a trust for the benefit of those who are or who may become members of Humane Lodge; that is, he intended to create a trust for the benefit of a definite section of the public. A gift of this kind constitutes what is commonly known as a charitable or public trust. Glover v. Baker,
If the purpose such a trust is intended to effectuate is legal and the persons for whose benefit it is established can be ascertained, it is the duty of the court to enforce it. Fernald v. First Church of Christ Scientist,
Case discharged.
All concurred. *Page 217