Mathes v. Smart
Supreme Court of New Hampshire
IN Equity. The bill by Benjamin Mathes, Jr., against John W. Smart and John Perkins, executors, sets forth that Martha Cheswell made and executed her last will on July 2, 1863, whereby she appointed the defendants executors thereof. The testatrix having died, the will was duly proved and allowed, and the defendants accepted their trust.
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IN Equity. The bill by Benjamin Mathes, Jr., against John W. Smart and John Perkins, executors, sets forth that Martha Cheswell made and executed her last will on July 2, 1863, whereby she appointed the defendants executors thereof. The testatrix having died, the will was duly proved and allowed, and the defendants accepted their trust. The parties have agreed that the facts stated in the case of Perkins a. v. Mathes, reported in 49 N. H. 107, shall be taken to be proved, and are to be used as evidence at the hearing in this cause, so far as those facts shall be found pertinent to the present…
1Opinion of the CourtFoster, J.
We have previously had occasion to give a construction to this will, and have considered and held that the terms “ all my books and papers of every description” were, intended to include certain promissory notes, payable to the testatrix, which, by force of the will, therefore, passed to the present plaintiff. See Perkins v. Mathes, 49 N. H. 107.
We see no occasion to modify the views expressed in the opinion of the court in that case, to which we applied such ordinary and familiar rules as these: that, in aid of the construction of a will, regard is to be had to the situation and…
2Cases cited1 opinion
- King v. StrongNew York Court of Chancery · 1841
3Cited by1 opinion
- Richardson v. MartinSupreme Court of New Hampshire · 1874