Merrill v. Sanborn
Superior Court of New Hampshire
A testator among other descendants left seven grand-children, the children of a deceased son ⅞ in his will, he mentioned two of these grand-children, and also their father ; it was held that the presumption of law was, the other five grandchildren were not omitted through forgetfulness.
Read the full summary
A testator among other descendants left seven grand-children, the children of a deceased son ⅞ in his will, he mentioned two of these grand-children, and also their father ; it was held that the presumption of law was, the other five grandchildren were not omitted through forgetfulness. This was a writ of entry, in which the demandants counted upon their own seisin in right of the wife of one undivided twenty-eighth part of a farm, lying partly in Chester, and partly in Poplin, in this county, and upon a disseisin by the tenants. The cause was submitted to the decision of the court upon the…
1Opinion of the Court
By the court.
The question in this case is, whether the testator omitted the mention of Mrs, Merrill in his will by-design, or through forgetfulness and mistake? She was one of seven grand-children, the children of the testator’s only son. The testator mentions two of her brothers ami her father ; on what ground are we to presume that the testator omitted the other five children of his only son through forgetfulness ? We are of opinion, that there is no ground for such a presumption. It is incredible that he should have passed over five out of seven grand-children through forget*501fulness. The…
2Cases cited2 opinions
- Wilder v. GossMassachusetts Supreme Judicial Court · 1817
- Terry v. FosterMassachusetts Supreme Judicial Court · 1804
3Cited by2 opinions
- Gage v. GageSuperior Court of New Hampshire · 1854
- In re Estate of OsgoodSupreme Court of New Hampshire · 1982