Hoitt v. Hoitt
Supreme Court of New Hampshire
Appeal from a decree of tbe probate court, disallowing the will of Gen. Alfred Hoitt, who died in Hover, November 9,1883. The will bears date February 12, 1864, and its due execution is admitted. The question involved is that of revocation. The material facts are as follows: At the date of the will the testator had a wife, the mother of his children, and six sons and seven daughters, ten of whom were of age.
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Appeal from a decree of tbe probate court, disallowing the will of Gen. Alfred Hoitt, who died in Hover, November 9,1883. The will bears date February 12, 1864, and its due execution is admitted. The question involved is that of revocation. The material facts are as follows: At the date of the will the testator had a wife, the mother of his children, and six sons and seven daughters, ten of whom were of age. His estate at this time amounted to some $26,000, about two thirds of which was realty, comprising eight different parcels. Included in the personalty were sixty shares of the Boston &…
1Opinion of the CourtBlodgett, J.
No express revocation appears in this case. The will of the testator,' executed in accordance with the statute formalities, has not been revoked by any subsequent “ will or codicil,, or by some writing executed in the same manner, or by cancelling, tearing, obliterating, or otherwise destroying the same by the testator, or by some person by his consent, and in his presence,” as required by Gen. Laws, c. 193, s. 14. On the contrary, it was found in his safe after his decease, and in its original condition. It is true that it was in a bundle of papers of no pecuniary value, and “included in…
2Cases cited16 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Dan v. BrownNew York Supreme Court · 1825
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Wells v. WellsMississippi Supreme Court · 1858
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3Cited by14 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- Hoy v. HoyMississippi Supreme Court · 1908
- Donaldson v. HallSupreme Court of Minnesota · 1909
- Will of WehrWisconsin Supreme Court · 1945
- Pascucci v. AlsopCourt of Appeals for the D.C. Circuit · 1945
9 more not listed; retrieve them via the Exa API.