Abbott v. Lewis
Supreme Court of New Hampshire
Petition, by tbe trustee under the will of Owen J. Lewis. Facts found by a master. Transferred without a ruling from the January term, 1913, of the superior court by Pike, J. The material portions of the will are as follows: “ First: To my wife, Clara E. Lewis, the sum of twenty thousand dollars. ...
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Petition, by tbe trustee under the will of Owen J. Lewis. Facts found by a master. Transferred without a ruling from the January term, 1913, of the superior court by Pike, J. The material portions of the will are as follows: “ First: To my wife, Clara E. Lewis, the sum of twenty thousand dollars. ... I request my wife to pay to my brother, Noah A. Lewis, the sum of fifty dollars per month, and in the event of his death said sum to be paid his wife Levina Lewis, such payments to be made during the life of my said wife unless sooner terminated by the death of said beneficiaries, provided my…
1Opinion of the CourtParsons, C. J.
1. The first and second clauses of the will are entirely distinct. The duty imposed upon the trustees under the second clause is the administration of the fund during the life of the testator’s widow and its distribution after her decease. The only duty now remaining is the distribution of the fund as directed in the will. If the first clause imposed a duty upon the testator’s widow to make the annual payments therein requested, it imposed no duty upon the trustees of the residue under the second clause. Prior to the death of the widow, the only power given the trustees, other than that of…
2Cases cited9 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Parker v. RossSupreme Court of New Hampshire · 1897
- Benton v. BentonSupreme Court of New Hampshire · 1889
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Chandler v. FieldCourt of Appeals for the First Circuit · 1933
- In Re Estate of SayewichSupreme Court of New Hampshire · 1980
- Estate of FletcherCalifornia Court of Appeal · 1940
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
10 more not listed; retrieve them via the Exa API.