Smith v. Smith
Supreme Court of New Hampshire
Bill in Equity, for the construction of a will. Transferred from the November term, 1902, of the superior court by JPilce, J. The plaintiff is executor of the will of Susan K. Smith, dated October 26,1889. She died March 27,1902. At the date of the will the testatrix had one child living, Morris K. Smith, and was expecting the birth of another, who was born about two weeks thereafter and was named Thayer A. Smith. Both children survived the testatrix and are now living.
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Bill in Equity, for the construction of a will. Transferred from the November term, 1902, of the superior court by JPilce, J. The plaintiff is executor of the will of Susan K. Smith, dated October 26,1889. She died March 27,1902. At the date of the will the testatrix had one child living, Morris K. Smith, and was expecting the birth of another, who was born about two weeks thereafter and was named Thayer A. Smith. Both children survived the testatrix and are now living. The material part of the will is as follows: “ 1. In case I die leaving no child, I give and bequeath to my mother, Susan J.…
1Opinion of the CourtParsons, C. J.
If it was the intention of the testatrix that no child surviving her should share in her estate, she could lawfully so provide. The law imposed no restrictions upon her power to so dispose of her estate by will. The executor inquires whether Mrs. Smith’s two children are sufficiently referred to in her will to preclude them from sharing in her estate under the statute of distributions. As the testatrix had the power to exclude them from such share by the provisions of her will, if such was her intention, the inquiry is whether the case discloses evidence legally sufficient to establish such…
2Cases cited1 opinion
- Smith v. SheehanSupreme Court of New Hampshire · 1892
3Cited by3 opinions
- In the Matter of JacksonSupreme Court of New Hampshire · 1977
- Boucher v. LizotteSupreme Court of New Hampshire · 1932
- In re Estate of CameSupreme Court of New Hampshire · 1987