Pierce v. Baker
Supreme Court of New Hampshire
Bill in Equity, to obtain the construction of the following clause of the will of Abel Hutchins : “ In consideration of kind care and affectionate regard of my two daughters, Mary and Martha, so long and so constantly manifested towards me and their mother, I give and bequeath to them and to the longest liver of them, all my household furniture in the house where I now live and which may be there at the time of my decease, in addition to an equal share to each of them in the…
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Bill in Equity, to obtain the construction of the following clause of the will of Abel Hutchins : “ In consideration of kind care and affectionate regard of my two daughters, Mary and Martha, so long and so constantly manifested towards me and their mother, I give and bequeath to them and to the longest liver of them, all my household furniture in the house where I now live and which may be there at the time of my decease, in addition to an equal share to each of them in the distribution of the residue of my estate.” The court reserved the question whether Mary and Martha took their shares of…
1Opinion of the CourtDoe, C. J.
Every conveyance or devise of real estate made to two or more persons creates an estate in common, and not in joint tenancy, unless it is expressed therein that such estate is to be liolden by the grantee,s or devisees as joint tenants, or to them and the survivor of them, or other words are used clearly expressing an intention to create a joint tenancy ; and joint heirs are tenants in common. Rev. St., c. 129, ss. 2, 3 ; Gen. St., c. 121, ss. 14, 15. The presumption.in favor of a joint tenancy, and against a tenancy in common (2 Bl. Com. 193, 399; 2 Kent Com. 350, 351; 4 id. 361), does not…
2Cases cited1 opinion
- Miller v. MillerMassachusetts Supreme Judicial Court · 1819
3Cited by4 opinions
- Mamalis v. BornovasSupreme Court of New Hampshire · 1972
- Johnson v. WoodardMissouri Court of Appeals · 1962
- Roaf v. ChamplinSupreme Court of New Hampshire · 1919
- Mamalis v. BornovasSupreme Court of New Hampshire · 1972