Opinion
Decided December 6, 1938.
Bequest of a fund to a town "to be forever held in trust, the income from the same may be used as may be deemed for the best interest of said town." No power is thereby given to anyone other than the voters to determine what use shall be made of the income.
PETITION, by the selectmen and trustees of trust funds of the town of Piermont for instructions relating to the use of income of a fund bequeathed to the town "to be forever held in trust, the income from the same may be used as may be deemed for the best interest of said town of Piermont." Advice is sought "(1) whose province it is to determine what is `for the best interest' of the town; (2) if the town at its annual or other meetings has the sole right or any right to determine for what purpose or purposes the income may be expended; [and] (3) if the trustees may without vote of the town turn over this income to the treasurer of the town to be used for the general purposes of the town." Without ruling, Young, J., has transferred the legal issues arising upon the petition.
Fred S. Wright, by brief, for Piermont.
Thomas P. Cheney, Attorney-General, Frank R. Kenison, Assistant-Attorney-General and J. Blanche Newhall, by brief, for the State.
The will discloses no purpose that anyone other than the voters of the town at a duly held meeting shall determine what use of the income shall be made as deemed in the town's best interest. Such action failing, the town trustees of trust funds have the duty to retain the income in their hands. Only upon proper vote of the town may they pay it over to the town treasurer, for expenditure according to the vote.
Case discharged.
BRANCH, J., was absent.