Legal Opinion

Weed v. Woods

Supreme Court of New Hampshire

Decided December 4, 1902PublishedCited by 6 opinions

October 19, 1897, the plaintiff conveyed to the defendant her . homestead farm, consisting of two parcels, by a deed which contained the following clause: “Reserving, however, the building situated on the last-described premises known as the chapel, together with the right to the land on which said building stands, said building to remain as long as the association owning the same may want it.” The present controversy arises over the interpretation to be given this clause.

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October 19, 1897, the plaintiff conveyed to the defendant her . homestead farm, consisting of two parcels, by a deed which contained the following clause: “Reserving, however, the building situated on the last-described premises known as the chapel, together with the right to the land on which said building stands, said building to remain as long as the association owning the same may want it.” The present controversy arises over the interpretation to be given this clause. One of the parcels conveyed was bounded westerly and northerly by highways which crossed each other at its northwest…

1Opinion of the CourtBingham, J.

A construction of the clause in the deed,— “ Reserving, however, the building situated on tbe last-described premises known as the chapel, together with the right to the land on which said building stands, said building to remain as long as the association owning the same may want it,” — necessitates a determination of the extent of territory in which the plaintiff retained a property interest, and the nature of that interest. The investigation involves an ascertainment of tbe fact of the parties’ intention from competent evidence. Johnson v. Conant, 64 N. H. 109. The construction and effect…

2Cases cited1 opinion

  1. First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892

3Cited by6 opinions

  1. Roxana Petroleum Corp. v. CornCourt of Appeals for the Eighth Circuit · 1928
  2. Opinion of the JusticesSupreme Court of New Hampshire · 1985
  3. State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
  4. Carpenter v. TinglofSupreme Court of New Hampshire · 1912
  5. Newmarket Manufacturing Co. v. NottinghamSupreme Court of New Hampshire · 1933

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