Estate of Hinckley

Testator directed the executors to pay to E. B. Badger and two others $3,000 in trust, that they apply the principal and income for the benefit of James Campbell according to their discretion.

Testator died April 11, 1876, and James Campbell died August 21, 1876. Testator left him surviving heirs at law, who are still living.

E. B. Badger and others applied for the distribution to them of the $3,000 mentioned in the will, claiming that upon the death of testator the right to the legacy became vested, and the subsequent death of Campbell did not defeat the bequest.

The object and purpose of the trust has ceased and determined, and the effect of the bequest falls with the purpose. The purpose was that the $3,000 and its income should be for the sole use and benefit of James Campbell during his lifetime, and no equitable estate of inheritance was intended to be created. The petition is denied; but it being intimated that the trustees incurred liabilities in consequence of the trust before the death of Campbell, they may make proof thereof and present the same for future consideration.

Subsequent proceedings were had by which the sum of $500 was directed to be paid to reimburse…