Le Rougetel v. Mann
Supreme Court of New Hampshire
Bill in Equity, heard on bill and answer. The bill sets out the will of Moses Mann, late of Greenland, whereof the defendant is executor, in substance as follows:_ “I direct my executor hereinafter named to erect a suitable monument to my memory in.
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Bill in Equity, heard on bill and answer. The bill sets out the will of Moses Mann, late of Greenland, whereof the defendant is executor, in substance as follows:_ “I direct my executor hereinafter named to erect a suitable monument to my memory in. Greenwood cemetery, if the same •shall not have been completed during my life, and to place a suitable inscription thereon, and the care of the same I commit to him during his life, intending to devise, to him my homestead farm and buildings, also four acres of land in Cedar swamp and an acre of marsh land as hereinafter provided.” He then directs…
1Opinion of the CourtBingham, J.
Is it the intention of the testator, as expressed in the whole will, to make the expense of erecting a suitable monument to his memory, and of caring for it during the defendant’s life, a charge on the land devised to him, described in the first part of the will? We think it is. Perry Tr., ss. 569, 571.
The purpose of the testator is made more apparent by slightly transposing his language, as follows : “ Intending to devise to my executor, hereinafter named, my homestead farm and buildings, also four acres of land in Cedar swamp and one acre of marsh land, as hereinafter provided, I direct him…
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