Winch v. Bean
Supreme Court of New Hampshire
Bill in Equity, by Dolly S. Winch against Sarah E. Bean and her husband, Charles W. Bean. Ifacts found by a referee. April 1, 1881, the plaintiff, being 76 years old, conveyed a four-acre lot of land to the defendant Sarah, and delivered all her personal property except her clothing to the defendants, to be held by them subject to the condition hereafter mentioned.
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Bill in Equity, by Dolly S. Winch against Sarah E. Bean and her husband, Charles W. Bean. Ifacts found by a referee. April 1, 1881, the plaintiff, being 76 years old, conveyed a four-acre lot of land to the defendant Sarah, and delivered all her personal property except her clothing to the defendants, to be held by them subject to the condition hereafter mentioned. On the same day the defendants conveyed to the plaintiff the same lot of land, and their own homestead, by a deed containing the following condition : “ if the said Sarah E. Bean and Charles W. Bean, their heirs, executors, and…
1Opinion of the CourtDob, C. J.
“ A good and sufficient home at their dwelling-house,” with the care “suitable for a woman of her age,” was more than lodging, food, and raiment. A house where the plaintiff experienced treatment to which she could not reasonably be required to submit, and to which she cannot reasonably be asked to return, is not the home to which she is entitled'. The referee should have further reported that for this reason, and on this ground, he found, as a matter of fact, that the defendants had broken the condition of the deed. But as this is presumptively his meaning, the exception will be overruled…
2Cases cited6 opinions
- Austin v. AustinSupreme Court of Vermont · 1837
- Ferguson v. KimballNew York Court of Chancery · 1846
- Daniels v. EisenlordMichigan Supreme Court · 1862
- Inhabitants of Clinton v. FlySupreme Judicial Court of Maine · 1833
- Ferguson v. . FergusonNew York Court of Appeals · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Payne v. WintersSupreme Court of Pennsylvania · 1951