Legal Opinion · Dissent

Montville v. Hamblin

Supreme Court of New Hampshire

Decided December 5, 1950No. 3946Published

1DissentDuncan, J.

If the plaintiff is correct in her contentions, the marriage of the decedent and Nellie Hamblin in New Hampshire while they were domiciled in Vermont and intended to, and did, remain resident there, was invalid in that state. (G. L., Vt., ss. 3602, 3514; Wheelock v. Wheelock, 103 Vt. 417), and it would seem to follow that the defendants’ status at birth, by the law of Vermont where they were born, was that of illegitimacy. The decedent was domiciled in New Hampshire at death, and the defendants’ right to inherit is doubtless determinable according to New Hampshire law. It may well be that…

2Cases cited2 opinions

  1. Harding v. TownsendMassachusetts Supreme Judicial Court · 1932
  2. Wheelock v. WheelockSupreme Court of Vermont · 1931

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