Rollins v. Merrill
Supreme Court of New Hampshire
Bill in Equity, by the executor of the will of Lucy B. Smith, for instructions. Facts found, by the court. The will contains the following bequest: “ To George Annable of said Portsmouth, three hundred dollars, to be held by him and applied at his discretion for the benefit of Salome B. Stayers.” Annable and Salome B. Stayers both died during the lifetime of the testatrix. Salome left one son, Andrew L. Stayers, who is now living. The will contains a residuary clause.
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Bill in Equity, by the executor of the will of Lucy B. Smith, for instructions. Facts found, by the court. The will contains the following bequest: “ To George Annable of said Portsmouth, three hundred dollars, to be held by him and applied at his discretion for the benefit of Salome B. Stayers.” Annable and Salome B. Stayers both died during the lifetime of the testatrix. Salome left one son, Andrew L. Stayers, who is now living. The will contains a residuary clause. There is also a legacy as follows: “For the care of the lot in the cemetery, the sum of two hundred dollars, the income…
1Opinion of the CourtPeaslee, J.
The legacy to Annable, hi trust for Mrs. Stayers, was a gift of the whole of the fund. If she had survived the testatrix, and a part of the fund had remained undisposed of at her own decease, the residue would have gone to her representatives, and not to tlie residuary legatee named by the testator. Sawyer v. Banfield, 55 N. H. 149. That case decides that the language there used expressed an intent to dispose of the whole of the sum mentioned. The form of 'the bequest is substantially the same as in the present case. In the absence of evidence that this testatrix used the language in some…
2Cases cited2 opinions
- Webster v. SughrowSupreme Court of New Hampshire · 1898
- Sawyer v. BanfieldSupreme Court of New Hampshire · 1875
3Cited by2 opinions
- Hester v. SammonsSupreme Court of Virginia · 1938
- Estate of CloutierSupreme Court of New Hampshire · 1976