Smith v. Kimball
Supreme Court of New Hampshire
Bill in Equity, by the executors of the will of James Boyd, late of Antrim, deceased, praying advice and direction as to the proper construction of the will of the deceased and their duty as executors. The will is dated April 2, 1880. The testator died April 18, 1880. In the will the testator gave certain annuities to his nephews and nieces, and certain specific sums to certain charitable institutions.
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Bill in Equity, by the executors of the will of James Boyd, late of Antrim, deceased, praying advice and direction as to the proper construction of the will of the deceased and their duty as executors. The will is dated April 2, 1880. The testator died April 18, 1880. In the will the testator gave certain annuities to his nephews and nieces, and certain specific sums to certain charitable institutions. Among other things the will contains the following bequests: “I give and bequeath unto the Meredith Institution, located at Meredith, N. H-, the sum of live hundred dollars, one hundred dollars…
1Opinion of the CourtBlodgett, J.
The case presented by the facts is plainly one of a latent ambiguity arising from the misdescription of the name of a legatee; hence the evidence taken at the trial was properly received to remove the ambiguity. Indeed, it is familiar law, and sustained by nearly all the authorities, that a misnomer or misdescription of the legatee or devisee will not invalidate the provision or defeat the testator’s intention, if, either from the will itself or evidence dehors the will, the object of the testator’s bounty can be ascertained; nor is there any principle better settled than that a latent…
2Cases cited2 opinions
- Tilton v. American Bible SocietySupreme Court of New Hampshire · 1880
- Bartlett v. RemingtonSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Henrikson v. Swedish Baptist Mission SocietySupreme Court of Minnesota · 1925