Hall v. Chaffee
Superior Court of New Hampshire
Petition for Partition. The petitioner represented that she was the owner in fee of one undivided fourth part of about forty acres of a tract of land in Westmoreland, and that Chaffee, and Betsy Hall, the wife of Camillus Hall, were the owners of the residue of the tract, and she prayed that she might hold her share in severalty. The parties agreed to the following statement of facts : Seth Britton died seized in fee of the premises.
Read the full summary
Petition for Partition. The petitioner represented that she was the owner in fee of one undivided fourth part of about forty acres of a tract of land in Westmoreland, and that Chaffee, and Betsy Hall, the wife of Camillus Hall, were the owners of the residue of the tract, and she prayed that she might hold her share in severalty. The parties agreed to the following statement of facts : Seth Britton died seized in fee of the premises. By his will, which was approved on the 6th day of June, 1823, he made the following devise : “ I give and devise to my daughter, Hannah Britton, alias Hannah…
1Opinion of the CourtGilchrist, J.
The first question for determination is, what estate did the petitioner take under the will of her father, Seth Britton ? The answer to this question depends on the construction to be given to the will, and this must be determined by the application of the rules laid down for our guidance in similar or analogous cases. The intention of the testator has been called the pole star for the direction of the court; but what that intention is, it is often extremely difficult to discover. Certain words and phrases, however, have received a settled construction when found in wills, and that…
2Cases cited3 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Anderson v. JacksonNew York Supreme Court · 1819
- Fosdick v. CornellNew York Supreme Court · 1806
3Cited by7 opinions
- Wilson v. WilsonCourt of Appeals of Texas · 1938
- De Wolf v. MiddletonSupreme Court of Rhode Island · 1893
- Burns v. GoodrichCourt of Appeals of Texas · 1964
- Bell v. ScammonSuperior Court of New Hampshire · 1844
- Downing v. WherrinSuperior Court of New Hampshire · 1848
2 more not listed; retrieve them via the Exa API.