Bills v. Putnam
Supreme Court of New Hampshire
Bill in Equity, for the construction of a will. Facts found by a referee. Lucy C. Bills died Sept. 28, 1882, leaving a will-dated April 14, 1865, whereby she gave to her two daughters all her “ wearing apparel, household furniture, and personal property of every name, nature, and description, to be equally divided between them; ” to two grandsons $200 each, and to a son $5.00, with a residuary clause as follows: “And as to the rest, residue and remainder of my property, it…
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Bill in Equity, for the construction of a will. Facts found by a referee. Lucy C. Bills died Sept. 28, 1882, leaving a will-dated April 14, 1865, whereby she gave to her two daughters all her “ wearing apparel, household furniture, and personal property of every name, nature, and description, to be equally divided between them; ” to two grandsons $200 each, and to a son $5.00, with a residuary clause as follows: “And as to the rest, residue and remainder of my property, it now being in real estate, I give, bequeath and devise to my son, Jabez F. Bills, my daughters, 'Lucy A. M. Putnam, Betsey…
1Opinion of the CourtClark, J.
The question in this case arises from a change in the condition of the property after the execution of the will. There is no evidence of any change in the relations of the testatrix and the residuary legatees to indicate or account for an intention on her part to change the apportionment of her property between them. The evidence of a change of purpose in its distribution is furnished solely by the fact of a sale of a large portion of her real estate by the testatrix, and allowing her will to remain unchanged. It is not reasonable to believe that the testatrix, without cause, intentionally…
2Cases cited3 opinions
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- Stender v. StenderMichigan Supreme Court · 1914
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