Tilton v. Tilton
Supreme Court of New Hampshire
Probate Appeal. John Tilton, deceased, left a will containing the following provisions: “ T bequeath and devise all the residue and remainder of my estate, both real and personal, to my beloved wife, Mary E. Tilton, if she shall survive me, for and during the term of her natural life, that she may have the use and income therefrom, without impeachment of waste, for her support and maintenance, and, if such use and income prove insufficient therefor, then so much of the…
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Probate Appeal. John Tilton, deceased, left a will containing the following provisions: “ T bequeath and devise all the residue and remainder of my estate, both real and personal, to my beloved wife, Mary E. Tilton, if she shall survive me, for and during the term of her natural life, that she may have the use and income therefrom, without impeachment of waste, for her support and maintenance, and, if such use and income prove insufficient therefor, then so much of the principal as may be necessary thereto, with full qxrwer to sell, convey, invest, and reinvest the same in her discretion. I…
1Opinion of the CourtChase, J.
The testator gave his wife the use and income of the residue and remainder of his estate, both real and personal, during life, without impeachment of waste. If such use and income should prove insufficient for her support and maintenance, he also gave her so much of the principal as might be necessary for the purpose. Whatever might be left unexpended at her decease, he gave to the plaintiffs. His scheme required that some one should be charged with the custody and control of the property until the death of his wife, when, if it turned out that any of it was unexpended, the plaintiffs’ right…
2Cases cited2 opinions
- Langley v. FarmingtonSupreme Court of New Hampshire · 1891
- Langley v. TiltonSupreme Court of New Hampshire · 1891
3Cited by2 opinions
- Clough v. CloughSupreme Court of New Hampshire · 1902
- Donovan v. SmithSupreme Court of New Hampshire · 1923