Fuller v. Gale
Supreme Court of New Hampshire
- Petition, by the executor for construction of the will of Isabel J. Gale, and for direction. The will was executed April 8,1915, and the testatrix died November 29, 1916. The seventh clause of the will provides: “I direct that for each grandchild I may leave surviving me, whether now or hereafter born, one hundred thousand dollars be paid to said Frank A. Merrill, to be by him invested and held in trust, (each grandchild’s hundred thousand dollars to be kept separate), to…
Read the full summary
- Petition, by the executor for construction of the will of Isabel J. Gale, and for direction. The will was executed April 8,1915, and the testatrix died November 29, 1916. The seventh clause of the will provides: “I direct that for each grandchild I may leave surviving me, whether now or hereafter born, one hundred thousand dollars be paid to said Frank A. Merrill, to be by him invested and held in trust, (each grandchild’s hundred thousand dollars to be kept separate), to pay the income, quarterly or oftener, to such grandchild for life (or, during the minority of such grandchild, to expend…
1Opinion of the Court
.Pkaslee, J.
By the gift of a legacy “for each grandchild I may leave surviving me, whether now or hereafter born,” the testatrix manifested a desire to provide for every grandchild whose identity could be established at the time of her death. The grandchild born, four months later could be so identified. The law regarded it as a person in being for many purposes, and the language of the will indicates a wish to provide for it. Having designated the beneficiaries as those “I may leave surviving me,” the testatrix adds the words “whether now or hereafter born.” The latter words are without…
2Cases cited2 opinions
- Kingsbury v. BazeleySupreme Court of New Hampshire · 1908
- Doten v. DotenSupreme Court of New Hampshire · 1890
3Cited by13 opinions
- Turner v. ColeSupreme Court of New Jersey · 1935
- Pearcy v. Citizens Bank & Trust Co.Indiana Court of Appeals · 1951
- Ericson v. ChildsSupreme Court of Connecticut · 1938
- Williams v. StateSupreme Court of New Hampshire · 1924
- Swain v. BowersIndiana Court of Appeals · 1927
8 more not listed; retrieve them via the Exa API.