Perry v. Hale
Supreme Court of New Hampshire
In Equity. The facts appearing upon the bill and answers were briefly as follows: Joseph W. Hale, of Conway, died February 21, 1857, having made his will, afterward duly proved in the court of probate, whereby he “ devised to his wife, Susan E. Hale, his homestead farm, in C., bounded, &c., and fifty acres of wood land, bounded, &c., containing one hundred and twenty acres, more or less, and his household furniture, so long as she should remain his widow, and at the death of…
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In Equity. The facts appearing upon the bill and answers were briefly as follows: Joseph W. Hale, of Conway, died February 21, 1857, having made his will, afterward duly proved in the court of probate, whereby he “ devised to his wife, Susan E. Hale, his homestead farm, in C., bounded, &c., and fifty acres of wood land, bounded, &c., containing one hundred and twenty acres, more or less, and his household furniture, so long as she should remain his widow, and at the death of his wife to his son, Edgar Hale, a minor, &c., for his sole use and benefit for ever, on condition that he should pay…
1Opinion of the CourtBell, C. J.
"Where a legacy is charged on land, an action of assumpsit, or debt, will lie against the devisee to recover it in certain cases. Piper v. Bennett, 2 N. H. 439. To the maintenance of such action it is necessary that the devisee should have accepted the devise, of which the most usual and satisfactory evidence is his entry upon it, — his possession and occupation of the devised property. Beecker v. Beecker, 7 Johns. 99; Van Orden v. Van Orden, 10 Johns. 30; Pickering v. Pickering, 6 N. H. 120; Pickering v. Pickering, 15 N. H. 290; Kelsey v. Western, 2 Comst. 501; Birdsall v. Hewlett, 1 Paige…
2Cases cited11 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Harris v. FlyNew York Court of Chancery · 1839
- Buckley v. BuckleyNew York Supreme Court · 1850
- Van Orden v. Van OrdenNew York Supreme Court · 1813
- Hoes v. Van HoesenNew York Court of Chancery · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown v. BrownNew Mexico Supreme Court · 1949
- Boucher v. JohnsonSupreme Court of New Hampshire · 1977
- In re Estate of LamsonSupreme Court of New Hampshire · 1995
- Boucher v. JohnsonSupreme Court of New Hampshire · 1977