Wiggin v. Wiggin
Supreme Court of New Hampshire
Assumpsit, by Mebitable Wiggin. against Hiram Wiggin. The declaration, after setting out the provisions of the will hereinafter stated, and averring the occurrence of the conditions on which the plaintiff’ was to become entitled to those provisions, and that the defendant had entered and taken possession of the residue of the estate devised and bequeathed to him by the will, alleged the defendant’s promise to the plaintiff to execute and comply with those provisions on his…
Read the full summary
Assumpsit, by Mebitable Wiggin. against Hiram Wiggin. The declaration, after setting out the provisions of the will hereinafter stated, and averring the occurrence of the conditions on which the plaintiff’ was to become entitled to those provisions, and that the defendant had entered and taken possession of the residue of the estate devised and bequeathed to him by the will, alleged the defendant’s promise to the plaintiff to execute and comply with those provisions on his part to be pei’formed, and claimed damages for breaches of the promises set forth in the declaration at large. Among…
1Opinion of the CourtBellows, J.
The main question in inspect to the fuel is, whether the plaintiff had a right to use it off the premises, or to sell it. It is clearly provided by the will that the wood was to be delivered at the house of the testator and properly prepared for use there; but there is nothing in the provisions of the will or in the nature of the case inconsistent with its use elsewhere, or the sale of it. If, from infirmity, or from motives of economy, it became convenient for the plaintiff to live elsewhere, it would certainly be just that she should be allowed to take with her, or to sell, the corn and…
2Cases cited8 opinions
- In re the case of YatesNew York Supreme Court · 1809
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
- Goodwin v. HolbrookNew York Supreme Court · 1830
- Smith v. LoomisSupreme Court of Connecticut · 1828
- Bean v. SimpsonSupreme Judicial Court of Maine · 1839
3 more not listed; retrieve them via the Exa API.