48 A. 1088 | N.H. | 1900
The legacy to Annable, in trust for Mrs. Stavers, was a gift of the whole of the fund. If she had survived the testatrix, and a part of the fund had remained undisposed of at her own decease, the residue would have gone to her representatives, *437
and not to the residuary legatee named by the testator. Sawyer v. Banfield,
The legacy for the care of the cemetery lot cannot take effect exactly as the testatrix intended, because the condition she imposed is more burdensome than the trustee will assume. This being so, and the legacy being for a charitable use (Webster v. Sughrow,
The executor is advised that the three-hundred-dollar legacy is payable to Andrew L. Stavers, and that the two-hundred-dollar legacy is to be treated as a bequest of that sum to be invested and the income applied to the care of the cemetery lot.
Case discharged.
WALLACE, J., did not sit: the others concurred.