Brown v. Bartlett
Supreme Court of New Hampshire
Bill in Equity, against trustees appointed under the will of the plaintiff’s father. By the will, the testator gave the plaintiff for life the use and income of all his real estate in Derry and Windham, that the testator held by several deeds from M. P. and certain other persons, “ about 280 acres.”
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Bill in Equity, against trustees appointed under the will of the plaintiff’s father. By the will, the testator gave the plaintiff for life the use and income of all his real estate in Derry and Windham, that the testator held by several deeds from M. P. and certain other persons, “ about 280 acres.” Before the date of the will, the testator had given J. M. P. a bond to convey to him, upon payment of a certain sum, a tract of land in Derry, which had been conveyed to the testator by M. P. Since the testator’s death, J. M. P. has paid the defendants the sum required by his bond, and received…
1Opinion of the CourtDoe, C. J.
The interpretation of the will is the ascertainment of the testator’s intention ; and the question of intention is ordinarily determined as a question of fact, by the natural weight of competent evidence, and not by artificial rules of interpretation. Rice v. Society, 56 N. H. 191, 197, 198, 203; Houghton v. Pattee, 58 N. H. 326; Morse v. Morse, 58 N. H. 391. Upon all the competent evidence (which it is not necessary to state), the question, whether the testator intended the real estate of which he gave the plaintiff the income for life should include the testator’s interest in the land…
2Cases cited3 opinions
- Houghton v. PatteeSupreme Court of New Hampshire · 1878
- Rice v. Boston Port & Seaman's Aid SocietySupreme Court of New Hampshire · 1875
- Morse v. MorseSupreme Court of New Hampshire · 1878
3Cited by9 opinions
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Pettee v. Omega Chapter of Alpha Gamma RhoSupreme Court of New Hampshire · 1934
- Copeland Process Corp. v. Nalews, Inc.Supreme Court of New Hampshire · 1973
- Hogan v. LebelSupreme Court of New Hampshire · 1948
- Kimball v. LancasterSupreme Court of New Hampshire · 1880
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