Burke v. Millikin
Supreme Court of New Hampshire
Bill in Equity, by the executors of the will of Augustus G. Heed, to obtain the direction of the court concerning a request of Hannah C. Morse that repairs be made upon the homestead buildings devised to her for life under clause eleven; and by' Harriet F. Wallis, Abbie M. Beede, and Helen A. Baldwin for a construction of tbe will, to determine whether they take under clause eleven as “ legal heirs,” or are cut off under clause thirteen. Facts agreed.
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Bill in Equity, by the executors of the will of Augustus G. Heed, to obtain the direction of the court concerning a request of Hannah C. Morse that repairs be made upon the homestead buildings devised to her for life under clause eleven; and by' Harriet F. Wallis, Abbie M. Beede, and Helen A. Baldwin for a construction of tbe will, to determine whether they take under clause eleven as “ legal heirs,” or are cut off under clause thirteen. Facts agreed. The testator, after' providing for the payment of debts and sundry legacies, disposed of the remainder of his estate as-follows: “ Eleventh. To…
1Opinion of the CourtPike, J.
1. “ There are duties as well as rights incident to every estate for life which the tenant thereof is bound to observe.” 1 Wash. R. P. (5th ed.) *95. They must pay the customary taxes assessed upon the premises (Bodwell v. Nutter, 68 N. H. 446, 448, and cases cited), and use ordinary care to prevent the buildings from goiBg to decay. Wilson v. Edmonds, 24 N. H. 517, 545; Peirce v. Burroughs, 58 N. H. 302, 304. The devise to Hannah of a “ life lease ” of the homestead, “ thereby intending to give the occupancy, use, and control of said premises ” during her life, gave her an estate for life…
2Cases cited2 opinions
- Bodwell v. NutterSupreme Court of New Hampshire · 1885
- Peirce v. BurroughsSupreme Court of New Hampshire · 1878
3Cited by2 opinions
- Gibson v. LaClairSupreme Court of New Hampshire · 1991
- Massicotte v. MatuzasSupreme Court of New Hampshire · 1999