Bell v. Scammon
Superior Court of New Hampshire
Writ or Entry, to recover several tracts of land. The tenants pleaded the general issue, and by the agreement of the parties the case was submitted to the court for decision upon the following facts. Hezekiah Scammon died seized of the demanded premises, on the 9th day of April, 1817. He left three children surviving him, James, Comfort and Melinda, and also his wife, Leah Scammon.
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Writ or Entry, to recover several tracts of land. The tenants pleaded the general issue, and by the agreement of the parties the case was submitted to the court for decision upon the following facts. Hezekiah Scammon died seized of the demanded premises, on the 9th day of April, 1817. He left three children surviving him, James, Comfort and Melinda, and also his wife, Leah Scammon. James died on the 3d day of April, 1819, aged twenty-one years, and leaving one child, Jane, who afterwards married Bickford, one of the tenants. Comfort married David Lang on the 2d day of December, 1819, and died…
1Opinion of the CourtGilchrist, J.
A series of judicial decisions extending through a long period of years, has settled the principles by which this case must be governed and the rules by which the will must be construed, the application of which is not very difficult.
The testator devises to his wife “ the improvement and income of two thirds of all his lands so long as she remains his widow.” She then holds two thirds of the lands during her widowhood.
He then devises to James Scammon, “ his heirs and assigns, my workshop, with the land it stands on.” This is an express devise in fee, unconnected with and independent of any…
2Cases cited17 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Fox v. PhelpsNew York Supreme Court · 1837
- Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Tanner v. LivingstonNew York Supreme Court · 1834
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