Simes v. Ward
Supreme Court of New Hampshire
Petition, for advice, by the trustee under the will of Albert L. Jones. Albert died childless in 1870 leaving a widow Mary W., a brother William, a sister Anne, a sister Emily, and seven nephews and nieces, children of his deceased sisters Susan and Elizabeth.
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Petition, for advice, by the trustee under the will of Albert L. Jones. Albert died childless in 1870 leaving a widow Mary W., a brother William, a sister Anne, a sister Emily, and seven nephews and nieces, children of his deceased sisters Susan and Elizabeth. By the second clause of his will he gave the use and income of all his estate to his wife for life: by the third, the remainder to his children if they survived his wife; by the fourth he provided that “in case no lineal descendants of me should survive my said wife then in her decease I give, bequeath and devise all my said property…
1Opinion of the CourtYoung, J.
The questions considered are (1) whether the persons Albert had in mind when he used the term “my heirs” were those who answered to that description when he died or those who answered to it when the trust terminated; and (2) whether the compromise agreement is legal.
1. If the words “my heirs” are given their ordinary meaning, Albert intended to give whatever might remain of his estate on the termination of the trust to those who ’would have succeeded to it, if he had died intestate as to that part of his estate. This seems to be conceded, but some of the defendants contend that, when the will…
2Cases cited1 opinion
- Torry v. . BlackNew York Court of Appeals · 1874
3Cited by6 opinions
- Estate of Lucas v. BrownCalifornia Supreme Court · 1943
- In re Peck's EstateSupreme Court of Vermont · 1922
- Kreamer v. WendelSupreme Court of Iowa · 1927
- Payne v. BrownSupreme Court of Georgia · 1927
- Burpee v. PickardSupreme Court of New Hampshire · 1947
1 more not listed; retrieve them via the Exa API.