Weston v. Second Orthodox Congregational Society
Supreme Court of New Hampshire
Bill in Equity. The plaintiff, administrator with will annexed of the estate of Sarah A. Brown and executor of the will of Webster C. Brown, asks for a construction of the will of Sarah and for advice as to the administration of the two estates. All parties interested are represented and ask for a decision of the questions in controversy without regard to the form of the proceeding.
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Bill in Equity. The plaintiff, administrator with will annexed of the estate of Sarah A. Brown and executor of the will of Webster C. Brown, asks for a construction of the will of Sarah and for advice as to the administration of the two estates. All parties interested are represented and ask for a decision of the questions in controversy without regard to the form of the proceeding. Transferred from the September term, 1914, of the superior court by Branch, J., on an agreed statement of facts. Sarah A. Brown, wife of Webster C., died January 10, 1902. Her will was dated April 10, 1895, and…
1Opinion of the CourtParsons, C. J.
Mrs. Brown’s will is not the product of a professional scrivener whose use of terms might be influenced by judicial decision as to their meaning. Reading it as the product of ordinary acquaintance with the English language, little difficulty is found in arriving at her intention. She intended to give her husband something more than a life estate, or the alternative clause, “or to dispose of for his support or benefit,” would not have been inserted. If she had intended an absolute fee, the words descriptive of a life estate and remainder would have been omitted. Her purpose plainly was that he…
2Cases cited2 opinions
- Crain v. . WrightNew York Court of Appeals · 1889
- Stowell v. HastingsSupreme Court of Vermont · 1887
3Cited by7 opinions
- Cutler v. CommissionerUnited States Tax Court · 1945
- In Re Robinson's WillSupreme Court of Vermont · 1929
- Bussone v. MarshOregon Supreme Court · 1932
- Fowler v. LaddSupreme Court of New Hampshire · 1921
- Donovan v. SmithSupreme Court of New Hampshire · 1923
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