Benton v. Benton
Supreme Court of New Hampshire
Bill in Equity, by the surviving executor of the will of Col-bee C. Benton, late of Lebanon, for interpretation of the will and direction as to the distribution of the estate.
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Bill in Equity, by the surviving executor of the will of Col-bee C. Benton, late of Lebanon, for interpretation of the will and direction as to the distribution of the estate. By the sixth clause of the will a large number of small legacies are given to relatives, “ to be paid to each as soon as may be after the decease of my said wife Susan A.,” among them being one of $500 to James G. Benton, “to be equally divided between himself, his wife, his son James, and his daughter Mary.” “Lastly, after the decease of my said wife, Susan A., and in the final disposition of my property, I hereby give…
1Opinion of the CourtSmith, J.
The legacies to the residuary legatees are vested, and not contingent upon their surviving the widow of the testator. He intended to dispose of his whole estate. He gives the rest, residue, and remainder of his estate to certain legatees named in the sixth clause of the will, upon the decease of his wife, and directs his surviving executor to pay over the same to them in ..the same proportions as the legacies given in the sixth clause are payable. It is as though he had disposed of the residue of his estate to these legatees, payable upon the decease of his wife. Brown v. Brown, 44 N. H. 281;…
2Cases cited1 opinion
- Ordway v. DowSupreme Court of New Hampshire · 1874
3Cited by6 opinions
- Steidl v. FreygangCalifornia Court of Appeal · 1948
- Abbott v. LewisSupreme Court of New Hampshire · 1913
- Shalkhauser v. BeachCuyahoga County Probate Court · 1968
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
- Concord Nat'l Bank v. Trustees Uwo HillSupreme Court of New Hampshire · 1973
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