Ellis v. Aldrich
Supreme Court of New Hampshire
Bill in Equity, praying for instructions as to the execution of the will of Edward C. Aldrich, of which the plaintiff is the executor. The testator, after ordering the payment of his debts and funeral expenses, and giving one hundred dollars to the city of Keene, in trust, for the care of a cemetery lot, made the following provision: “ Third.
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Bill in Equity, praying for instructions as to the execution of the will of Edward C. Aldrich, of which the plaintiff is the executor. The testator, after ordering the payment of his debts and funeral expenses, and giving one hundred dollars to the city of Keene, in trust, for the care of a cemetery lot, made the following provision: “ Third. I give, bequeath, and devise to my beloved wife, Hannah Aldrich, my homestead place, No. 29 Cross street, in said Keene, or the sum of throe thousand dollars, as she may choose, and all my household furniture and goods, with all the provisions I may have…
1Opinion of the CourtChase, J.
1. If the words, “in case of the decease of my said wife,” in the third article of the will, speak as of the date of the testator’s death, as the words of a will ordinarily do, the time of the wife’s decease referred to would antedate the testator’s decease. The idea would be expressed more fully by the following form, retaining the grammatical construction of the will: In case of the decease of my said wife at the time of my decease.
The words “ in case of ” refer to a condition upon the happening of which certain rights are dependent. If the intention had been that the property bequeathed to…
2Cases cited6 opinions
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- Isenhart v. BrownNew York Court of Chancery · 1832
- Borden v. JenksMassachusetts Supreme Judicial Court · 1886
- Moore v. AldenSupreme Judicial Court of Maine · 1888
- Security Co. v. BryantSupreme Court of Connecticut · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eaton v. EatonSupreme Court of New Hampshire · 1926
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Queen's Hospital v. Hite, TrusteeHawaii Supreme Court · 1950
- Bailey v. McIntireSupreme Court of New Hampshire · 1902
- Harvey v. HarveySupreme Court of New Hampshire · 1904
3 more not listed; retrieve them via the Exa API.