Morse v. Converse
Supreme Court of New Hampshire
Petition, for advice by the executor of the will of Rhoda Converse. The will, dated June 3, 1913, made to different individuals bequests of the deposit with accumulated interest made by the testatrix in each of two savings banks, describing each by its number.
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Petition, for advice by the executor of the will of Rhoda Converse. The will, dated June 3, 1913, made to different individuals bequests of the deposit with accumulated interest made by the testatrix in each of two savings banks, describing each by its number. Upon the testatrix’s petition the plaintiff, Francis A. Morse, on August 7, 1917, was appointed conservator of her property by the probate court under c. 56, Laws 1915. She died March 30, 1919, without having been adjudged insane. In ignorance of the provisions of the will, the conservator in 1917 withdrew $500 from each of the savings…
1Opinion of the CourtParsons, C. J.
“A legacy is specific . . . when it is a bequest of a specific article of the testator’s personal estate, distinguished from all others of the same kind; as, for instance, of a particular horse, or piece of plate, money in a purse or chest, a particular stock in the public funds, or a bond or other security for money.” Loring v. Woodward, 41 N. H. 391, 394; Ford v. Ford, 23 N. H. 212.
“Legacies which áre specific are said to be adeemed, when the particular thing given is either wholly lost, destroyed, or disposed of, by the testator during his life; or its form so changed as not to remain in…
2Cases cited1 opinion
- Spinney v. EatonSupreme Judicial Court of Maine · 1913
3Cited by13 opinions
- In Re Bierstedt's EstateSupreme Court of Iowa · 1963
- In re the Settlement of the Estate of CooperSupreme Court of New Jersey · 1923
- Estate of MasonCalifornia Supreme Court · 1965
- Estate of McLaughlinCalifornia Court of Appeal · 1929
- In Re Barrows' EstateSupreme Court of Vermont · 1931
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