Wentworth v. Wentworth
Supreme Court of New Hampshire
Bill in Equity, for the partition of four parcels of land owned by Ebenezer Wentworth at his death. The questions of jurisdiction and laches arising upon the facts hereinafter stated, which were agreed by counsel, were transferred without ruling or finding from the January term, 1910, o'f the superior court by Plummer, J. Ebenezer Wentworth died in 1860. His will was duly proved in 1861, and executors were appointed who assumed the trust.
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Bill in Equity, for the partition of four parcels of land owned by Ebenezer Wentworth at his death. The questions of jurisdiction and laches arising upon the facts hereinafter stated, which were agreed by counsel, were transferred without ruling or finding from the January term, 1910, o'f the superior court by Plummer, J. Ebenezer Wentworth died in 1860. His will was duly proved in 1861, and executors were appointed who assumed the trust. He left surviving a widow who died in 1865, and seven children who are all dead. The defendant Ruschenberger is an heir of John Langdon Wentworth, one of…
1Opinion of the CourtParsons, C. J.
An “advancement is a completed gift by the ancestor, to be accounted by the recipient as his share or part of his share in distribution, . . . and is no part of the ancestor’s estate at his death. It is not a loan to be repaid to the ancestor or to his representative after death. It is not a legacy paid in advance, ... it cannot be understood that repayment was intended by the parties, nor, in the absence of express provisions in the statute to that effect, can it be inferred that the legislature intended the advancement should be paid into the estate and considered as a part of the assets in…
2Cited by8 opinions
- Paras v. City of PortsmouthSupreme Court of New Hampshire · 1975
- In Re Frolich EstateSupreme Court of New Hampshire · 1972
- James Conant & a. v. Timothy O'Meara & a.Supreme Court of New Hampshire · 2015
- Cote v. CoteSupreme Court of New Hampshire · 1947
- In Re the Estate of BorkowskiSupreme Court of New Hampshire · 1980
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