Legal Opinion

Clement v. Clement

Superior Court of New Hampshire

Decided July 15, 1849Published

Foreign Attachment. The trustee disclosed that he had received of the heirs of Bartlett Clement the sum of two thousand one hundred and eighty-seven dollars and fifty cents, and given an obligation in the following words : ‘e Know all men by these presents, that whereas, in and by the last will and testament of Bartlett Clement, late of Claremont, deceased, the said Bartlett Clement gave and devised the use and income of his farm, situated in said Claremont, to his wife,…

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Foreign Attachment. The trustee disclosed that he had received of the heirs of Bartlett Clement the sum of two thousand one hundred and eighty-seven dollars and fifty cents, and given an obligation in the following words : ‘e Know all men by these presents, that whereas, in and by the last will and testament of Bartlett Clement, late of Claremont, deceased, the said Bartlett Clement gave and devised the use and income of his farm, situated in said Claremont, to his wife, Sarah Clement, for and during her natural life, and at her decease he gave and devised said farm to his children, to be…

1Opinion of the CourtWoods, J.

The principal defendant in this ease, owning one-eighth part of a remainder expectant, upon the determination of a life estate in certain lands, in conjunction with the tenant for life and certain other of the remainder men, sold an undivided portion of the land, and placed the money in the hands of Tutherly, summoned as trustee, for the purposes indicated in the writing which he has set out in the disclosure. As there is no surmise of fraud, it is not necessary to advert particularly to the interest which the defendant had in the land previous to this arrangement, with reference to its…

2Cases cited1 opinion

  1. Haven v. WentworthSuperior Court of New Hampshire · 1819

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