Gage v. O'Neill
Supreme Court of New Hampshire
Bills in Equity, to recover certain assets and money claimed to belong to the plaintiffs as remaindermen under the will of Richard Gage. Decree for the defendant in the first, and for the plaintiffs in the second suit.
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Bills in Equity, to recover certain assets and money claimed to belong to the plaintiffs as remaindermen under the will of Richard Gage. Decree for the defendant in the first, and for the plaintiffs in the second suit. Richard Gage died in 1907 leaving a widow, Eliza, to whom he gave all his “estate real personal and mixed . . . during her natural life for her comfort, pleasure and maintenance, and the control and management of the same”; and by another clause he gave what remained of his estate after the death and burial of his wife “or the proceeds thereof then remaining unconsumed and…
1Opinion of the Court
Young; J.
The only question of law raised by the plaintiffs’ exceptions is whether Eliza could legally make these gifts to her second husband. If the language Richard used is given its ordinary meaning he intended Eliza should use his estate in any wayshe thought would be conducive to her comfort; and that if there was any of it left at her death it should go to his children. The court has found that Eliza acted in good faith when she gave the money in question to her second husband, that is, has found that she thought it would be conducive to her comfort to repair the house in which she lived…
2Cases cited1 opinion
- Shapleigh v. ShapleighSupreme Court of New Hampshire · 1899
3Cited by2 opinions
- Fowler v. LaddSupreme Court of New Hampshire · 1921
- Topore v. Boston & Maine RailroadSupreme Court of New Hampshire · 1919