Wells v. Anderson
Supreme Court of New Hampshire
Petition for partition of the Jack lot, so called. Pacts agreed. Josiah I. Hall, late of Chester, died testate, owning a homestead worth about $2,300, the Jack lot worth about $1,200, and a small quantity of personal property. His heirs were a son, John G., a daughter, Margaret A., and the plaintiff, the son of a deceased daughter.
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Petition for partition of the Jack lot, so called. Pacts agreed. Josiah I. Hall, late of Chester, died testate, owning a homestead worth about $2,300, the Jack lot worth about $1,200, and a small quantity of personal property. His heirs were a son, John G., a daughter, Margaret A., and the plaintiff, the son of a deceased daughter. By his will, he devised the homestead to John G. and his children, but made no specific devise of the Jack lot, and no reference whatever to either of his daughters or the plaintiff. By a codicil, he gave the plaintiff “ one dollar and no more.” Neither the will…
1Opinion of the CourtChase, J.
The defendants’ claim of title to the whole lot is based upon the inference, drawn from the form of the bequest to the plaintiff, that the testator intended the plaintiff should have only one dollar from the entire estate. It is certain that the testator did not intend to give the plaintiff more than one dollar by will, but it does not appear that he intended the plaintiff should not share with the other heirs in the undevised portion of his estate. A bequest of “ one dollar and no more ” is consistent with an intention to give that sum only by will, and to allow the legatee to take whatever…
2Cases cited2 opinions
- Haxtun v. CorseNew York Court of Chancery · 1848
- Gallagher v. . CrooksNew York Court of Appeals · 1892
3Cited by5 opinions
- Bradford v. LeakeTennessee Supreme Court · 1910
- Nagle v. ConardNew Jersey Court of Chancery · 1911
- Burpee v. PickardSupreme Court of New Hampshire · 1947
- In Re Estate of StewartSupreme Court of New Hampshire · 1973
- In re Gibb EstateSupreme Court of New Hampshire · 1970