Sanborn v. Clough
Supreme Court of New Hampshire
Bill in Equity, by the executor, asking for a construction of tbe. will of Albion W. Bailey. The will, executed May 18, 1885, directs (1) the payment of debts and other funeral charges ; (2) gives a legacy of #25 to a niece; (3) gives a legacy of $25 to a nephew; (4) gives a legacy of $100 to one Batchelder; and disposes of the residue of his personal estate as follows: “Fifth.
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Bill in Equity, by the executor, asking for a construction of tbe. will of Albion W. Bailey. The will, executed May 18, 1885, directs (1) the payment of debts and other funeral charges ; (2) gives a legacy of #25 to a niece; (3) gives a legacy of $25 to a nephew; (4) gives a legacy of $100 to one Batchelder; and disposes of the residue of his personal estate as follows: “Fifth. After the payment of all my just debts and funeral charges, and the expense of a proper set of grave-stones, I order and direct the rest and residue of all my money in banks, stocks, and bonds to be paid to Arthur W.…
1Opinion of the CourtSmith, J.
It is contended that the words in the fifth clause of the will, “After the payment of all my just debts and funeral charges, and the expense of a proper set of grave-stones,” are a mere repetition of the direction in the first clause to perform a duty which the law would enforce without such direction, and being only verbiage, that the fifth clause may be read as if the words had not been repeated. One objection to this is, that the direction as to grave-stones is not in the first clause; and a more serious objection is, that the construction contended for gives no force to the words “rest…
2Cases cited4 opinions
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Amy v. DubuqueSupreme Court of the United States · 1879
- Clark v. Iowa CitySupreme Court of the United States · 1875
- City v. LamsonSupreme Court of the United States · 1870
3Cited by3 opinions
- In Re Will of MansurSupreme Court of Vermont · 1925
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
- Lee v. CommissionerCourt of Appeals for the First Circuit · 1935