TOWLE v. NESMITH

A bequest to a town for the use and benefit of "the poor widows, and children under ten years of age," is not void for uncertainty.

PIKE, J.

The legacy to the town is for charitable uses. There is no uncertainty in respect to the beneficiaries. They are "the poor widows, and children under ten years of age," who are inhabitants of the town. They can easily be ascertained. Gafney v. Kenison, 64 N.H. 354, 356; Lovell v. Charlestown, 66 N.H. 584, 586.

A trustee should be appointed in place of the town.

Case discharged.

CHASE, J., did not sit: the others concurred.