Martin v. Swanton
Supreme Court of New Hampshire
Petition eor Partition. Lewis A. Linscott and Gertrude Linscott married in 1870. No child was born to them. Mrs. Linscott died intestate in 1885, seized in fee of the land of which partition is sought. She left surviving her no child, nor the issue of any child.
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Petition eor Partition. Lewis A. Linscott and Gertrude Linscott married in 1870. No child was born to them. Mrs. Linscott died intestate in 1885, seized in fee of the land of which partition is sought. She left surviving her no child, nor the issue of any child. Mr. Linscott died in 1887. Before 1877, and for more than three years prior to the death of his wife, Mr. Linscott willingly abandoned and absented himself from her, failed to support and maintain her, and was not heard from by her in consequence of his own neglect. The plaintiff is the heir at law of Mr. Linscott. The defendant has…
1Opinion of the CourtCarpenter, J.
“ The husband of any person deceased, holding property in her own right, shall be entitled to his estate by the curtesy in all lands and tenements owned by her, when he would be entitled to hold as tenant by the curtesy at common law.” G. L., c. 202, s. 14.
“ The husband of any person deceased, testate or intestate, leaving any child by him, or the issue of any child by him, surviving her, by waiving the provisions of the will, if any, in his favor, and releasing his estate by the curtesy, shall be entitled, in fee, to one third part of all her real estate remaining after the payment of debts…
2Cited by4 opinions
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- Floyd v. VerretteSupreme Court of New Hampshire · 1919