Farmer v. Kimball
Supreme Court of New Hampshire
Petition for Partition. -The plaintiffs and defendants all claim under the will of Betsy Farmer, dated January 5, 1856 :— Betsy Farmer was the daughter of Benjamin Farmer, and her mother’s maiden name was Kimball, and her maternal grandfather’s name was Collins. She died unmarried, leaving no brother or sister, nor any descendant of a brother or sister surviving.
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Petition for Partition. -The plaintiffs and defendants all claim under the will of Betsy Farmer, dated January 5, 1856 :— Betsy Farmer was the daughter of Benjamin Farmer, and her mother’s maiden name was Kimball, and her maternal grandfather’s name was Collins. She died unmarried, leaving no brother or sister, nor any descendant of a brother or sister surviving. She left real estate that was appraised at $32,940.00, and personal estate appraised at $5,795.33. Eighteen thousand five hundred and ninety dollars of the real estate was derived from her mother’s side, and fourteen thousand three…
1Opinion of the CourtBartlett, J.
If, in this case, the residue of the estate had been given to the cousins and the children of the mother’s .cousins, to be equally divided among them, the devisees would have taken per capita, unless something in the will indicated a different intention on the part of the testatrix. 2 Jarm. *111, and n., (Perkins Ed.;) Blacker v. Webb, 2 P. Wms. 385; Lincoln v. Pelham, 10 Vesey 176; Longmore v. Broom, 7 Ves. 125; Barnes v. Patch, 8 Ves. 604; Davenport v. Hanbury, 3 Ves. 259; Lugar v. Harmar, 1 Cox 250; Smith v. Stratfield, 1 Mer. 358; Weld v. Bradbury, 2 Vern. 705; Abrey v. Newman, 17 L. & Eq.…
2Cases cited9 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Bool v. MixNew York Supreme Court · 1837
- Collins v. HoxieNew York Court of Chancery · 1841
- Levering v. LeveringCourt of Appeals of Maryland · 1859
- Smith v. AshurstSupreme Court of Alabama · 1859
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3Cited by1 opinion
- Wooley v. HaysSupreme Court of Missouri · 1920