Hall v. Blodgett
Supreme Court of New Hampshire
Bill in Equity, for a construction of the following provisions in the will of Clarissa W. Durrell: “ The annual income of all the rest and residue of my estate, real and personal or mixed, after the payment of my just debts and charges against my estate, I give and bequeath unto my sister, Abigail M. Tompson, and my niece, Mary H. Tompson, and to the survivor of them.
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Bill in Equity, for a construction of the following provisions in the will of Clarissa W. Durrell: “ The annual income of all the rest and residue of my estate, real and personal or mixed, after the payment of my just debts and charges against my estate, I give and bequeath unto my sister, Abigail M. Tompson, and my niece, Mary H. Tompson, and to the survivor of them. And in case my niece, Mary H. Tompson, should marry before or after the death of my said sister Abigail, my will is that upon the decease of my said sister and after the marriage of my said niece all the remainder of my estate…
1Opinion of the CourtChase, J.
In the first sentence of the clause under consideration the testatrix gives the annual income of the residue of her estate to her sister Abigail and her niece Mary IT., “and to the survivor of them.” This gift is to be executed from year to year during the lives of the legatees and the life of the survivor. The phrase relating to survivorship is properly connected with the preceding part of the sentence by the copulative “ and.” By virtue of the three following sentences, the remainder is to be paid in equal portions to the nieces and nephew named “and the survivors of them,” upon the…
2Cases cited3 opinions
- Parker v. RossSupreme Court of New Hampshire · 1897
- Hall v. WigginSupreme Court of New Hampshire · 1891
- O'Brien v. O'LearySupreme Court of New Hampshire · 1887