Emery v. Haven
Supreme Court of New Hampshire
Bill in Equity, by trustees, praying for direction in tbe execution of tbeir trust. Facts agreed. Alfred W. Haven conveyed certain property to tbe plaintiffs upon tbe following among other trusts: If bis wife, Margaret, should survive him, “ tbe trustees . . . shall pay to her, during her life, one third part of the net rent, income, and profits of the said trust fund, and on her death shall convey and distribute one third share of the capital of said trust fund, as the said…
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Bill in Equity, by trustees, praying for direction in tbe execution of tbeir trust. Facts agreed. Alfred W. Haven conveyed certain property to tbe plaintiffs upon tbe following among other trusts: If bis wife, Margaret, should survive him, “ tbe trustees . . . shall pay to her, during her life, one third part of the net rent, income, and profits of the said trust fund, and on her death shall convey and distribute one third share of the capital of said trust fund, as the said Margaret shall by her last will or by any instrument in the nature of a will, attested by two credible witnesses,…
1Opinion of the CourtChase, J.
It was held in Kimball v. Bible Society, 65 N. H. 139, that “a testator’s power to dispose of a remainder expectant upon his life estate is executed by his devise of property described in his will as ‘my estate,’ when it appears from competent evidence that he used those words as a description of all the property he had power to dispose of.” In the appointor’s will there was no mention of the power, nor of the property to which it related, and he had other property upon which the will operated. The ancient common-law rule on the subject (Colt v. Bishop of Litchfield and Coventry, Hob. 140,…
2Cases cited5 opinions
- Mott v. . AckermanNew York Court of Appeals · 1883
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Cumston v. BartlettMassachusetts Supreme Judicial Court · 1889
- New York Life Insurance & Trust Co. v. LivingstonNew York Court of Appeals · 1892
- Hassam v. HazenMassachusetts Supreme Judicial Court · 1892
3Cited by8 opinions
- In Re Frolich EstateSupreme Court of New Hampshire · 1972
- Horlick v. SidleyWisconsin Supreme Court · 1942
- Grabbe v. St. Vincent's HomeSupreme Court of Iowa · 1942
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
- Brown v. WellsCourt of Appeals for the D.C. Circuit · 1916
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