Loveren v. Donaldson
Supreme Court of New Hampshire
Petition, for the interpretation of a will. Pacts agreed. The petitioner is the administrator with the will annexed of the estate of Franklin C. Morrill, late of Manchester, deceased. The material parts of his will are as follows : “ 2d. I give and bequeath to my sister, Lueretia M. Donaldson, wife of Alfred E. Donaldson, of Ornaga, Illinois, the sum of one hundred dollars. 3d.
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Petition, for the interpretation of a will. Pacts agreed. The petitioner is the administrator with the will annexed of the estate of Franklin C. Morrill, late of Manchester, deceased. The material parts of his will are as follows : “ 2d. I give and bequeath to my sister, Lueretia M. Donaldson, wife of Alfred E. Donaldson, of Ornaga, Illinois, the sum of one hundred dollars. 3d. All the rest, residue, and remainder of my estate, real, personal, and mixed, wherever situate and however constituted at the time of my decease, I give, bequeath, and devise to my wife, Angeline G-. Morrill, to have…
1Opinion of the Court
'Wallace, J.
It is a general rule that a devise or bequest to one who dies before the testator, lapses and fails to take effect. Goodwin v. Colby, 64 N. H. 401; 2 Red. Wills. 157. This rule has been modified by our statute to the extent that “ the heirs in the descending line of a legatee or devisee deceased before the testator” take the devise or bequest. P. S., c. 186, s. 12. But this does not prevent the rule operating as to the heirs of Angeline G. Morrill, as they are not her heirs in the descending line. A testator may, however, prevent a testamentary gift from lapsing, on account of the…
2Cases cited2 opinions
- Goodwin v. ColbySupreme Court of New Hampshire · 1887
- Cressey v. WallaceSupreme Court of New Hampshire · 1891
3Cited by5 opinions
- In the Matter of JacksonSupreme Court of New Hampshire · 1977
- In re the Estate of WalkerHawaii Supreme Court · 1959
- Burpee v. PickardSupreme Court of New Hampshire · 1947
- In Re Estate of StewartSupreme Court of New Hampshire · 1973
- In re Estate of DumasSupreme Court of New Hampshire · 1977