Tilton v. American Bible Society
Supreme Court of New Hampshire
Bill in Equity, by the executor of the will of Joseph Tilton, for the interpretation of the third item of the will. Facts found by the court. The third item is, “ I give and bequeath to the Bible Society, Foreign Mission Society, the Home Mission Society, and the Tract Society, five hundred dollars each.” There are no societies known by those names.
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Bill in Equity, by the executor of the will of Joseph Tilton, for the interpretation of the third item of the will. Facts found by the court. The third item is, “ I give and bequeath to the Bible Society, Foreign Mission Society, the Home Mission Society, and the Tract Society, five hundred dollars each.” There are no societies known by those names. From 1851 until his death in 1854, the testator and liis wife were members of the Congregational church and society at Littleton, and were regular attendants at the services and meetings of the church and society. Subject to the plaintiff’s…
1Opinion of the Court
Dob, G. J.
There is no patent ambiguity. If there had been but one Bible society, the beqilest to “the Bible Society” would not have been void for uncertainty. The will would not have made it doubtful what Bible society the testator meant. Extraneous evidence disproving the existence of more than one such society would have had the same effect as similar evidence in relation to an individual described in the will, by name or otherwise, as a legatee. The existence of more than one Bible society presents a latent ambiguity. The question is not whether a plea of misnomer of a party is sustained…
2Cited by6 opinions
- Abbott v. LewisSupreme Court of New Hampshire · 1913
- Pettee v. Omega Chapter of Alpha Gamma RhoSupreme Court of New Hampshire · 1934
- Emerson v. LebanonSupreme Court of New Hampshire · 1893
- Page v. BoyntonSupreme Court of New Hampshire · 1884
- Smith v. KimballSupreme Court of New Hampshire · 1883
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