Jewell v. Appolonio
Supreme Court of New Hampshire
Petition, for the construction of the will of Edwin E. Beede. Facts found, and case transferred from the March term, 1909, of the superior court, by Stone, J., without a ruling. By the second clause of his will the testator gave “ the sum of $20,000, as follows: $5,000 in cash and $15,000 in Northern Pacific, Gt. Northern, C. B. & Q. collateral bonds.” Other bequests are in similar form.
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Petition, for the construction of the will of Edwin E. Beede. Facts found, and case transferred from the March term, 1909, of the superior court, by Stone, J., without a ruling. By the second clause of his will the testator gave “ the sum of $20,000, as follows: $5,000 in cash and $15,000 in Northern Pacific, Gt. Northern, C. B. & Q. collateral bonds.” Other bequests are in similar form. In all they give $60,000 in these bonds — the amount the testator owned when the will was made and at his decease. The bonds were in $5,000 pieces and were redeemable at a price above their market value. The…
1Opinion of the CourtPbaslee, J.
The question presented in this case is whether by legacies of certain sums “ in bonds ” of a named class the testator intended to give those he then owned. The legacies are six in number, and their amount equals that of the bonds he held both when the will was executed and at his decease. The bequests are similar to those construed in Drake v. True, 72 N. H. 822. It was there said of two legacies of “ ten shares in ” a named bank : “As the testatrix was the owner of twenty shares of the stock of the National Mechanics and Traders Bank when she made her will, it is more probable than otherwise…
2Cases cited2 opinions
- Drake v. TrueSupreme Court of New Hampshire · 1903
- Chase v. MooreSupreme Court of New Hampshire · 1906
3Cited by6 opinions
- Shriners Hospitals for Crippled Children v. EmrieSupreme Court of Missouri · 1961
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- In Re Doonan EstateSupreme Court of New Hampshire · 1970
- Estate of O'GormanCalifornia Superior Court · 1910
- In re Estate of KirkwoodCuyahoga County Probate Court · 1965
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