Jackson v. Piscataqua Savings Bank
Supreme Court of New Hampshire
Bill in Equity, praying that a deposit standing in the name of Nathaniel Jackson, Jr., be decreed to be a part of the testator’s estate. Nathaniel Jackson, the testator, had a son Nathaniel, who died in 1876, leaving a son Nathaniel, who is one of the defendants.
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Bill in Equity, praying that a deposit standing in the name of Nathaniel Jackson, Jr., be decreed to be a part of the testator’s estate. Nathaniel Jackson, the testator, had a son Nathaniel, who died in 1876, leaving a son Nathaniel, who is one of the defendants. Between 1882 and 1887, the testator deposited money in the defendant bank, in the name of Nathaniel Jackson, Jr. He did not intend by so doing to make a gift, and retained the bank-book until his death in 1898. His son was known as Nathaniel Jackson, Jr., and after his decease the defendant Nathaniel was so knoAvn until 1883. The…
1Opinion of the CourtPeaslee, J.
The defendant Nathaniel claims that the deposit was given to him under the description “ certain books marked with his name,” but the evidence fails to sustain the claim. The clause in which this expression occurs is one by which the testator gave articles of no value except as family remembrances. It calls for books, not one book only; and if it should be held that this is a book, if does not answer the description, for the testator liad more than one in mind. The arguments that the testator must have intended to give something of value, and that the ■will is to be so construed as to avoid…
2Cited by1 opinion
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