Shapleigh v. Shapleigh
Supreme Court of New Hampshire
Bill in Equity, for the construction ol a will. Facts agreed. Bichard W. Shapleigh of Somersworth died May 24, 1897, aged thirty-five years and unmarried, leaving as next of kin his mother and a brother of the half blood, James II. Shapleigh. He left a will, which, besides bequeathing his watch and sundry sums of money, together amounting to $800, contains the following provisions : “ Sixth. I give and bequeath to Marion T. Shapleigh, widow of my deceased brother Fred It.
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Bill in Equity, for the construction ol a will. Facts agreed. Bichard W. Shapleigh of Somersworth died May 24, 1897, aged thirty-five years and unmarried, leaving as next of kin his mother and a brother of the half blood, James II. Shapleigh. He left a will, which, besides bequeathing his watch and sundry sums of money, together amounting to $800, contains the following provisions : “ Sixth. I give and bequeath to Marion T. Shapleigh, widow of my deceased brother Fred It. Shapleigh, the proportion coming to me as heir of said Fred R. Shapleigh in his estate. “Ninth. Subject to and upon the…
1Opinion of the CourtChase, J.
1. "What, if anything, is Marion entitled to under the sixth clause of Richard’s will ? Strictly speaking, there was nothing coming to Richard as an heir of Fred. The only way in which he acquired a title or right to any portion of Fred’s estate was by the latter’s will. He was a legatee and devisee of Fred. Being the executor of Fred’s will, he must have known this fact. It cannot be doubted that he intended to give Marion something that was coming to him from her late husband’s estate. Neither of the parties to the action questions this fact. He must, therefore, have used the word “ heir,”…
2Cases cited1 opinion
- Langley v. FarmingtonSupreme Court of New Hampshire · 1891
3Cited by10 opinions
- Hoke v. JackmanIndiana Supreme Court · 1914
- Bussone v. MarshOregon Supreme Court · 1932
- Gage v. O'NeillSupreme Court of New Hampshire · 1918
- Donovan v. SmithSupreme Court of New Hampshire · 1923
- Hyde v. United StatesDistrict Court, D. New Hampshire · 1996
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