Gardner v. Gardiner
Supreme Court of New Hampshire
Probate Appeal. Elizabeth D. Cutler died July 21, 1888, leaving a will, upon which certain erasures and an interlineation, agreed to have been made by her, appeared. The material portion of the third, clause of the will, in which the alterations appeared, as originally written, was as follows: “All the estate of which I shall die seized and possessed ...
Read the full summary
Probate Appeal. Elizabeth D. Cutler died July 21, 1888, leaving a will, upon which certain erasures and an interlineation, agreed to have been made by her, appeared. The material portion of the third, clause of the will, in which the alterations appeared, as originally written, was as follows: “All the estate of which I shall die seized and possessed ... I give, devise and bequeath in manner following, one undivided fourteenth part thereof to each of the following persons, to wit: Edmund L. B. Gardiner, Susan I. Gardiner both of Passaic New Jersey children of my nephew George A. Gardiner,”…
1Opinion of the CourtBlodgett, J.
The statute of wills provides that “No will shall be effectual to pass any real or personal estate, or to change or in any way affect the same, unless made by a person of the age of twenty-one years, of sound mind, in writing, signed and sealed by the testator, or by some person in his presence and by his express direction, and attested and subscribed in his presence by three or more credible witnesses;” and that “no will or clause thereof shall be revoked unless by some other valid will or codicil, or by some writing executed in the same manner, or by cancelling, tearing, obliterating, or…
2Cases cited7 opinions
- Dan v. BrownNew York Supreme Court · 1825
- Wolf v. BollingerIllinois Supreme Court · 1872
- Eschbach v. CollinsCourt of Appeals of Maryland · 1884
- Jackson ex dem. Howard v. HollowayNew York Supreme Court · 1811
- In re the Probate of the Last Will & Testament of PennimanSupreme Court of Minnesota · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Second Church of Christ, Scientist, of New York City v. KaufmanCalifornia Supreme Court · 1945
- In Re Estate of AppletonWashington Supreme Court · 1931
- Will of MarvinWisconsin Supreme Court · 1920
- In re Estate of LauraSupreme Court of New Hampshire · 1997
- Guerin v. HuntSupreme Court of South Carolina · 1921
6 more not listed; retrieve them via the Exa API.