Supreme Court of New Hampshire June 28, 1945, No. 3546. (Town of Boscawen v. Acting Attorney-General)

*445

Page, J.

The material facts pleaded in relation to the principal cemetery trust fund indicate that Marilla M. Bines, who died in 1907, bequeathed to the town of Boscawen the sum of one thousand dollars, “the income thereof to be used to defray the expense of putting the lot, in which lie the remains of my late husband and other members of his family, in suitable and proper condition, and