Weeks v. Weeks
Superior Court of New Hampshire
This was an action of assumpsit brought by the plaintiff to recover the personal estate bequeathed to her by the will of her deceased husband, Walter Weeks. It was agreed between the parties that Walter Weeks made his will, bearing date the 21st May, 1825 ; that the said will had been duly proved and allowed, and that the defendant had accepted the trust of executor.
Read the full summary
This was an action of assumpsit brought by the plaintiff to recover the personal estate bequeathed to her by the will of her deceased husband, Walter Weeks. It was agreed between the parties that Walter Weeks made his will, bearing date the 21st May, 1825 ; that the said will had been duly proved and allowed, and that the defendant had accepted the trust of executor. The will contained the following clause, “ It is my will and intention, that my beloved wife, M- Weeks, have and receive during her natural life, one third part of my estate both real and personal, which I may possess at the time…
1Opinion of the CourtRichardso.N, C. J.
In ancient times there could be no limitation over, of a chattel after a gift for life, but such a gift carried the absolute property. Afterwards a distinction was made between the use and the property. The use might be given to one for life, and then the property afterwards to another. But this distinction is now disregarded. The law admits of a limitation over by will of a chattel interest after a life estate in the same. But it is now settled, that a gift of a chattel for life is a gift of the usu-fruct only. When, however, the chattels are of such a nature that the use consists in the…
2Cases cited1 opinion
- Claggett v. HardySuperior Court of New Hampshire · 1825
3Cited by1 opinion
- Marston v. CarterSuperior Court of New Hampshire · 1841