Horner v. Reynolds
Supreme Court of New Hampshire
Petition for Partition. Facts found, and case transferred from the November term, 1910, of the superior court, by Wallace, C. J. The plaintiffs are the heirs of Ellen J. Canney; the defendants are the heirs of her husband, Wesley. Ellen and Wesley owned in common in equal shares the land of which partition is asked, the value of the whole being less than 81,500. Ellen died February 26, 1909, intestate. Wesley died June 19, 1909. Neither ever had issue.
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Petition for Partition. Facts found, and case transferred from the November term, 1910, of the superior court, by Wallace, C. J. The plaintiffs are the heirs of Ellen J. Canney; the defendants are the heirs of her husband, Wesley. Ellen and Wesley owned in common in equal shares the land of which partition is asked, the value of the whole being less than 81,500. Ellen died February 26, 1909, intestate. Wesley died June 19, 1909. Neither ever had issue. There was no administration on Ellen’s estate. She left no debts unless her funeral expenses, which were paid by Wesley, were claims against…
1Opinion of the CourtParsons, C. J.
“The husband of a person deceased, testate or intestate, by waiving the provisions of her will in his favor, if any, and by releasing his estate by the curtesy and his homestead right, if any, shall be entitled instead thereof to the following portion of all the real estate of which she died seized, after the payment of debts and expenses of administration: . . . iii. One half thereof, to hold in fee, if she leaves no issue whatever surviving her.” P. S., c. 196, s. 13. The right of waiver or release given by this statute is personal and does not pass to the representatives of the party…
2Cases cited5 opinions
- Pickering v. MooreSupreme Court of New Hampshire · 1893
- Clark v. ParsonsSupreme Court of New Hampshire · 1897
- Penhallow v. KimballSupreme Court of New Hampshire · 1882
- Holbrook v. BowmanSupreme Court of New Hampshire · 1882
- Nute v. YorkSupreme Court of New Hampshire · 1891
3Cited by1 opinion
- McDonough v. HaskellSupreme Court of New Hampshire · 1930