Bailey v. McIntire
Supreme Court of New Hampshire
Bill tn Equity, for the construction of the will of Alexander Mclnfire. Facts agreed, and case transferred from the February term, 1902, of the superior court by Young, J. The testator devised to his wife, Mary W. Mein tire, who is also one of the executors, “ all of my estate, both real and personal, ... to be used by her for her comfort, maintenance, and support during her natural life.” The remainder, if any, is devised to other parties.
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Bill tn Equity, for the construction of the will of Alexander Mclnfire. Facts agreed, and case transferred from the February term, 1902, of the superior court by Young, J. The testator devised to his wife, Mary W. Mein tire, who is also one of the executors, “ all of my estate, both real and personal, ... to be used by her for her comfort, maintenance, and support during her natural life.” The remainder, if any, is devised to other parties. The estate of the testator consisted of a dwelling-house and a lot of land upon which it stands, situated in Littleton, and personal property appraised at…
1Opinion of the CourtWalker, J.
The plaintiffs’ contention, that Mary has a life estate in the land, devised to her, with the right to dispose of it by deed whenever she may deem it necessary to do so “ for her comfort, maintenance, and support,” does not appear to be disputed, and may be a correct statement of the testator’s intention. But it is not the province of the court to determine the validity of Mary’s title, which is derived not from the executors but from the testator, and with reference to which the executors have no duty to perform. A prospective decision of the question suggested, whether in accordance with,…
2Cases cited3 opinions
- Gafney v. KenisonSupreme Court of New Hampshire · 1887
- Ellis v. AldrichSupreme Court of New Hampshire · 1899
- Greeley v. NashuaSupreme Court of New Hampshire · 1882
3Cited by5 opinions
- Harvey v. HarveySupreme Court of New Hampshire · 1904
- Ross v. ChurchSupreme Court of New Hampshire · 1914
- French v. LawrenceSupreme Court of New Hampshire · 1910
- Wallace v. BrownSupreme Court of New Hampshire · 1938
- In re Estate of BlissSupreme Court of New Hampshire · 1977