Leighton v. Wilson
Supreme Court of New Hampshire
Bill in Equity, by the guardian of Octavia H. Heath, to compel the defendant to carry out the undertakings expressed in the. following instrument: “Gorham, N. H., June 24,1892. “In consideration of bank book No. 1262 in Gorham 5-cent-Savings Bank, representing $575.94, and also other considerations, to me made by Octavia H. Heath, I agree to maintain and support said Heath, at my house, during her life; furnishing care and medical aid, as well as clothing, etc., and at her…
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Bill in Equity, by the guardian of Octavia H. Heath, to compel the defendant to carry out the undertakings expressed in the. following instrument: “Gorham, N. H., June 24,1892. “In consideration of bank book No. 1262 in Gorham 5-cent-Savings Bank, representing $575.94, and also other considerations, to me made by Octavia H. Heath, I agree to maintain and support said Heath, at my house, during her life; furnishing care and medical aid, as well as clothing, etc., and at her death will see that she is given respectable burial. This agreement to date from September, 1891, the time said Heath…
1Opinion of the CourtBlodgett, C. J.
If the instrument sought .to be enforced can be regarded as binding upon the defendant under the circumstances detailed in the case, we think the true and reasonable interpretation of it is that it only bound him to support Octavia at the rate of $1.50 per week until the property turned over to him should be exhausted; and as it is found by the referee that the property has already been so exhausted, the defendant’s obligation under the instrument, if any, must be deemed to have been fully performed.
Bill dismissed.
All concurred.
2Cited by1 opinion
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