Ford v. Ford
Superior Court of New Hampshire
Trover. The case was submitted to the court for decision upon the following statement of facts. The action is brought by Mehitable Ford, against Timothy S. Ford, to recover four promissory notes signed by one Samuel S. Hill, and payable to Timothy Ford the father of the defendant, or his order, all which notes were dated at Hudson, in this county, February 24th, 1849. One of the notes is for the sum of $365.83, payable on demand with annual interest; one for the stun of…
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Trover. The case was submitted to the court for decision upon the following statement of facts. The action is brought by Mehitable Ford, against Timothy S. Ford, to recover four promissory notes signed by one Samuel S. Hill, and payable to Timothy Ford the father of the defendant, or his order, all which notes were dated at Hudson, in this county, February 24th, 1849. One of the notes is for the sum of $365.83, payable on demand with annual interest; one for the stun of $1000, payable in one year from its date, with annual interest; and one for the sum of $1000, payable in two years from its…
1Opinion of the CourtGilchrist, C. J.
The questions in this case arise upon the following bequest in the codicil: “ I do hereby give and bequeath to my wife, Mehitable Fox’d, all notes of hand which are payable to me at the date of this codicil.” At that time the testator held four notes, signed by Hill and his brother, but afterwards they were given up, the brother of Hill was released, and the present notes were given for the same debt.
It is necessary to ascertain whether this legacy be specific, in order to determine in whom the ownership of the notes resides. the testator intend that the legatee should have the very thing…
2Cases cited1 opinion
- Walton v. WaltonNew York Court of Chancery · 1823
3Cited by5 opinions
- Wyman v. RoesnerDistrict of Columbia Court of Appeals · 1981
- Pepka v. BranchIndiana Court of Appeals · 1973
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- In Re Estate of ReposaSupreme Court of New Hampshire · 1981
- In re the Estate of TanggaardDistrict Court, Virgin Islands · 1946