Morey v. Sohier
Supreme Court of New Hampshire
Issues, upon an appeal from a decree of the judge of probate allowing the will of Dr. S. A. Bemis, executed December 25, 1880. The first issue joined is, tbat the appellants are interested as legatees under a former will, dated April 26,1858, and codicils which have been filed in the probate court, hut not proved.
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Issues, upon an appeal from a decree of the judge of probate allowing the will of Dr. S. A. Bemis, executed December 25, 1880. The first issue joined is, tbat the appellants are interested as legatees under a former will, dated April 26,1858, and codicils which have been filed in the probate court, hut not proved. April 26,1858, Dr. Bemis executed a will, by which he gave all his property, subject to a charge of $200 a year for the life of his brother Henry, to the appellant Sohier, his heirs and assigns, “ in the frill trust a,nd confidence that he will so manage, dispose of and use the…
1Opinion of the CourtClark, J.
The question in this ease is, whether the will of April 26, 1858, was revoked by the writing of August 5, 1880; whether the writing purporting to convey all the real and personal estate to the residuary legatee, afterwards revoked under a power of revocation reserved in it, was an implied revocation of the will.
By the seventh section of “An act for the devising of real estate, the attestation, filing, and recording of wills in certain cases, and the distribution of testate estates,” passed July 2, 1822, it was enacted “That no revocation of any will purporting a disposition of real estate, or…
2Cases cited2 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Shurtleff v. FrancisMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Kennedy v. WalcuttOhio Supreme Court · 1928
- Naab v. SmithWyoming Supreme Court · 1940
- In re Will of HuntWisconsin Supreme Court · 1904
- In Re the Estate of SaperySupreme Court of New Jersey · 1959
- In Re the Estate of MeyerCalifornia Court of Appeal · 1919
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