Legal Opinion

Wentworth v. Wentworth

Supreme Court of New Hampshire

Decided December 1, 1914PublishedCited by 4 opinions

Detinue, for portraits of Governor Benning Wentworth, Lieutenant-Governor John Wentworth, and the former’s son. Transferred without a ruling from the April term, 1914, of the superior court by Pike, C. J., on an agreed statement of facts.

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Detinue, for portraits of Governor Benning Wentworth, Lieutenant-Governor John Wentworth, and the former’s son. Transferred without a ruling from the April term, 1914, of the superior court by Pike, C. J., on an agreed statement of facts. The portraits in question formerly belonged to Ebenezer Went-worth, of Portsmouth, and are disposed of in his will, under the description “family pictures,” as follows: “I give all my family pictures ... to the eldest of my sons who may be living at the decease of my wife and myself, to have and to hold the same in trust to preserve and to be transferred at…

1Opinion of the CourtPlummer, J.

The intention of the testator is not doubtful. It was his purpose that upon the death of his eldest son surviving the testator and his wife, the next eldest son living when his older brother died should take, and so on until the death of the last survivor of the sons. Upon the happening of that event, the eldest grandson then living was to take, and so on through this and succeeding generations, in like manner as in the case of the sons. It is manifest, if the purpose of the testator was to be fully carried out, that some of the limitations to his descendants might not vest within lives in…

2Cases cited5 opinions

  1. Edgerly v. BarkerSupreme Court of New Hampshire · 1891
  2. Hayward v. SpauldingSupreme Court of New Hampshire · 1908
  3. Stratton v. StrattonSupreme Court of New Hampshire · 1896
  4. Sanborn v. SanbornSupreme Court of New Hampshire · 1882
  5. Frost v. WingateSupreme Court of New Hampshire · 1906

3Cited by4 opinions

  1. Gale v. GaleSupreme Court of New Hampshire · 1932
  2. Gagnon v. WellmanSupreme Court of New Hampshire · 1917
  3. Carter v. BerryMississippi Supreme Court · 1962
  4. Carter v. BerryMississippi Supreme Court · 1962

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