Clough v. Clough
Supreme Court of New Hampshire
The eirst two cases are appeals by residuary legatees, from tbe allowance by tbe probate court of tbe account of Henry W. Clougb, surviving executor of tbe will of Charles H. Clougb. The third case is a petition by Ellen M. Clougb, for a construction of tbe will and for a decree for tbe payment of a legacy. Tbe cases were tried together, and transferred from tbe April term, 1901, of the superior court by Peaslee, J. ■ Charles II.
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The eirst two cases are appeals by residuary legatees, from tbe allowance by tbe probate court of tbe account of Henry W. Clougb, surviving executor of tbe will of Charles H. Clougb. The third case is a petition by Ellen M. Clougb, for a construction of tbe will and for a decree for tbe payment of a legacy. Tbe cases were tried together, and transferred from tbe April term, 1901, of the superior court by Peaslee, J. ■ Charles II. Clough, the testator, was formerly a small manufacturer in Concord, and gave up business and removed to East Concord about 1885. His immediate family then consisted…
1Opinion
It has been decided that the devise to the widow of the use and income of all the testator's estate during her life vested in her an absolute life estate in the Green-street house. It follows necessarily that she had the right, not as executrix, but in her private capacity, to dispose of the occupation of the house as she saw fit, as against her co-executor; that is, to rent it to such parties and at such rental as might be agreeable to her, or not to rent it at all. As a devisee, she was not bound to rent it at a reasonable rent. She did not accept the estate upon the condition or covenant…
2Cases cited5 opinions
- Langley v. FarmingtonSupreme Court of New Hampshire · 1891
- Lucy v. LucySupreme Court of New Hampshire · 1874
- Lane v. ThompsonSupreme Court of New Hampshire · 1861
- Healey v. ToppanSupreme Court of New Hampshire · 1864
- Gregg v. CurrierSupreme Court of New Hampshire · 1858