Loveren v. Eaton
Supreme Court of New Hampshire
Probate Appeal. Perry A. Eaton at his death September 28, 1917, left a will executed November 5, 1915, with a codicil executed September 7, 1917, which with some changes and additions ratified and confirmed the will. Perry A. Eaton, Jr., a son of the deceased, duly appealed from the decree of the probate court sustaining and allowing the will of Perry A. Eaton, and assigned as the reasons for his appeal the mental incapacity of the testator and undue influence.
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Probate Appeal. Perry A. Eaton at his death September 28, 1917, left a will executed November 5, 1915, with a codicil executed September 7, 1917, which with some changes and additions ratified and confirmed the will. Perry A. Eaton, Jr., a son of the deceased, duly appealed from the decree of the probate court sustaining and allowing the will of Perry A. Eaton, and assigned as the reasons for his appeal the mental incapacity of the testator and undue influence. The plaintiff moved to limit the trial to the validity of the will as distinguished from the codicil, and that a verdict be ordered…
1Opinion of the CourtPahsoms, C. J.
“A codicil is a part of the will, the two instruments making but one will. . . . There may be several codicils to one will and the whole will be taken as one.” Bouvier’s Law Dict.; Sherer v. Bishop, 4 Bro. C. C. 55, 60. “A will is to be considered in two lights, as to the testament and the instrument. The testament is the result and effect in point of law, of what is the will; and that consists of all the parts; and a codicil is then a part of the will, all making but one testament.” Fuller v. Hooper, 2 Ves. Sen. 242. “It is perfectly true, that if a man ratifies and confirms his last will,…
2Cases cited4 opinions
- Albee v. OsgoodSupreme Court of New Hampshire · 1918
- Smart v. DurhamSupreme Court of New Hampshire · 1913
- Hall v. SmithSupreme Court of New Hampshire · 1881
- Brown v. FerrenSupreme Court of New Hampshire · 1904
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