Dana v. Burke
Supreme Court of New Hampshire
Replevin, for a pleasure boat, about eighteen feet in length, and named the “ Edmund Burke.” Facts found by the court. The plaintiff is the executrix, and the defendant is the widow, of the late Edmund Burke, deceased. On the first of July, 1879, the testator purchased a tract of one acre of land, situate in the town of Sunapee, and in the neighborhood of Sunapee lake, the nearest point being about thirty rods therefrom.
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Replevin, for a pleasure boat, about eighteen feet in length, and named the “ Edmund Burke.” Facts found by the court. The plaintiff is the executrix, and the defendant is the widow, of the late Edmund Burke, deceased. On the first of July, 1879, the testator purchased a tract of one acre of land, situate in the town of Sunapee, and in the neighborhood of Sunapee lake, the nearest point being about thirty rods therefrom. Upon this land, and during the same summer, he erected the cottage mentioned in the provisions of his will and a codicil thereto hereinafter recited, which he occupied with…
1Opinion of the CourtClakk, J.
As the boat is not named, it is not included in the bequest to the defendant, unless the language used necessarily embraced it, or it had been annexed to and become an essential part of the property bequeathed. The bequest is of “ the use of any cottage in Sunapee, and the land on which it stands, which I purchased of Lafayette Colby, and all other buildings standing thereon, with all the household furniture in said cottage.” By no reasonable construction can this language cover the boat. Neither does it appear that it had become an essential part of any portion of the property bequeathed.…
2Cited by8 opinions
- New England Telephone & Telegraph Co. v. City of FranklinSupreme Court of New Hampshire · 1996
- In re Trailer & Plumbing SuppliesSupreme Court of New Hampshire · 1990
- In the Matter of Boston and Maine Corporation, Debtor. Appeal of State of New HampshireCourt of Appeals for the First Circuit · 1979
- Wo Co. (Formerly Nytco Leasing, Inc.) v. Benjamin Franklin CorporationCourt of Appeals for the First Circuit · 1977
- Dame v. WoodSupreme Court of New Hampshire · 1908
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