Chase v. Moore
Supreme Court of New Hampshire
Bill in Equity, by an executor, for instructions as to certain questions arising under the will. Transferred from the October term, 1905, of the superior court by Pike, J., upon an agreed statement of facts.
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Bill in Equity, by an executor, for instructions as to certain questions arising under the will. Transferred from the October term, 1905, of the superior court by Pike, J., upon an agreed statement of facts. By the second clause of her will, Vianna A. Connor of Hopkinton devised to her brother, Jerome B. Connor, all her “real estate wherever situated,” and bequeathed to him all her “personal property in the house oh said real estate and on said premises (but not including money, notes, bonds, or other securities),” and all her clothing and jewelry, wherever found. By the third clause, she…
1Opinion of the CourtParsons, C. J.
The will expressly excludes from the absolute gift to Jerome “money, notes, bonds, or other securities.” There is nothing excepting from this exclusion money, notes, or securities arising from the sale of real estate. There is, therefore, no occasion to consider whether, in the absence of express exclusion, the same result would be reached, or whether under some circumstances a devise of lands might include real estate mortgages. Clark v. Clark, 56 N. H. 105, 108.
The remaining question is as to the household furniture and other property which the testatrix at the date of the will had on her…
2Cases cited3 opinions
- Drake v. TrueSupreme Court of New Hampshire · 1903
- Morey v. SohierSupreme Court of New Hampshire · 1885
- Clark v. ClarkSupreme Court of New Hampshire · 1875
3Cited by2 opinions
- Jewell v. AppolonioSupreme Court of New Hampshire · 1909
- Smith v. PatchSupreme Court of New Hampshire · 1913