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Clark v. Campbell

New Hampshire Supreme Court

133 A. 166 (1926)

Relevant factsFree

A testator's will directed his trustees to distribute his personal property, as mementos, "to such of my friends as they, my trustees, shall select," reasoning that the trustees' familiarity with him qualified them to choose wisely. Any property the trustees didn't distribute this way was to fall into the residue of the estate. A dispute arose over whether this bequest to "friends" created a valid trust, given the vague and open-ended beneficiary class.

IssueFree

Whether a valid private trust arises where a bequest directs that trust assets be distributed at the trustees' discretion among members of a generally defined class of beneficiaries.

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