Frost v. Wingate
Supreme Court of New Hampshire
Bill in Equity, to determine the title to certain real estate which the plaintiffs claim to own by virtue of the will of Pepperell Frost.
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Bill in Equity, to determine the title to certain real estate which the plaintiffs claim to own by virtue of the will of Pepperell Frost. The executor is a party defendant and asks for a construction of the will, the first clause of which is as follows : “I give, bequeath, and devise to my son, George Edwin Frost, all my real estate for life, and after his decease to his son, George P. Frost, and his daughter, Ola Frost; also to my son my stock and tools, provisions, and produce, and all my household goods not otherwise bequeathed, provided he shall pay my debts and necessary expenses.” In…
1Opinion of the CourtWalker, J.
“The situation of tbe testator, tbe surrounding circumstances, bis family and relatives, tbe devisees and legatees, tbe nature, amount, and situation of bis property, facts tending to place tbe court in tbe position of tbe testator, constitute evidence competent for our consideration upon tbe issue of what be meant by tbe words used.” Stratton v. Stratton, 68 N. H. 582, 586. “ Evidence of intention may include various inherent probabilities and tbe probative force of many circumstances, as well as the literal sense of tbe words used. When tbe meaning is found by giving due weight to…
2Cases cited9 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Stevens v. UnderhillSupreme Court of New Hampshire · 1883
- Sanborn v. SanbornSupreme Court of New Hampshire · 1882
- Campbell v. ClarkSupreme Court of New Hampshire · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Estate of Bernheimer v. First National BankSupreme Court of Missouri · 1943
- Wentworth v. WentworthSupreme Court of New Hampshire · 1914