Legal Opinion

Jenkins v. Fowler

Supreme Court of New Hampshire

Decided December 5, 1884PublishedCited by 2 opinions

Bilí, in Equity, for the construction of the will of Joseph .Fowler, late of Durham, in this county. The will gives,— 1. The income of the testator’s homestead in Durham to his brother, George Fowler, for life, then to his nephew, Clarence Fowler, for life, then to his nephew, Harry Fowler, for life, then the homestead to the Congregational church in Durham. 2. A granite monument and headstones to the graves in his family lot in the cemetery in Dover, not to exceed $225. 3.…

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Bilí, in Equity, for the construction of the will of Joseph .Fowler, late of Durham, in this county. The will gives,— 1. The income of the testator’s homestead in Durham to his brother, George Fowler, for life, then to his nephew, Clarence Fowler, for life, then to his nephew, Harry Fowler, for life, then the homestead to the Congregational church in Durham. 2. A granite monument and headstones to the graves in his family lot in the cemetery in Dover, not to exceed $225. 3. The interest of $50 to Dover to keep the lot in the cemetery, and the monument and headstones, in repair. 4. “1 give and…

1Opinion of the CourtBingham, J.

The interpretation of a will is the ascertainment of the testator’s intention, and the question of intention is ordina rily determined, as a question of fact, by the natural weight of competent evidence. Rice v. Society, 56 N. H. 191, 197, 203; Brown v. Bartlett, 58 N. H. 511; Kimball v. Lancaster, 60 N. H. 264, 27_ _

_ _ It is claimed by the heirs that Joseph Fowler died intestate as to the deposits in the savings-banks and the railroad stock. When a person makes a will, he usually intends to dispose of all of his property. This will does not contain, in form, the general residuary clause;…

2Cases cited3 opinions

  1. Bumpus v. PlatnerNew York Court of Chancery · 1814
  2. Lamme v. GreggCourt of Appeals of Kentucky · 1858
  3. Clark v. AtkinsSupreme Court of North Carolina · 1884

3Cited by2 opinions

  1. Brown v. EastmanSupreme Court of New Hampshire · 1903
  2. Westgate v. HaverhillSupreme Court of New Hampshire · 1896

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