Brown v. Brown
Supreme Court of New Hampshire
Bill in Equity to recover the legacy hereinafter set forth. The parties agree that the following are the facts in the case: The defendant, and the late Charles Brown, father of Hiram, the plaintiff’s intestate, were sons of Zephaniah Brown, who, by his will of April 13,1843, made the defendant executor and residuary legatee, and devised a farm to said Charles.
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Bill in Equity to recover the legacy hereinafter set forth. The parties agree that the following are the facts in the case: The defendant, and the late Charles Brown, father of Hiram, the plaintiff’s intestate, were sons of Zephaniah Brown, who, by his will of April 13,1843, made the defendant executor and residuary legatee, and devised a farm to said Charles. Upon the decease of Charles, in the lifetime of Zephaniah, leaving one child, the plaintiff's intestate, said Zephaniah added a codicil to said will, wherein he revoked the devise to said Charles, and substituted therefor a legacy to…
1Opinion of the CourtBellows, J.
The bequest being to the grandson of the testator, to be paid to him when he should attain the age of twenty-one years, and the legatee having died before that age, the question is whether his interest was vested or contingent.
is well settled that where the words of the bequest, which look to the future, apply to the substance of the gift, the vesting is suspended; but if they appear to relate merely to the time of payment, the legacy vests at once upon the death of the testator. In determining how this is, there is often great difficulty in ascertaining the will of the testator; but it…
2Cited by2 opinions
- Ordway v. DowSupreme Court of New Hampshire · 1874
- Ordway v. DowSupreme Court of New Hampshire · 1874