Brown v. Philbrick
Supreme Court of New Hampshire
Petition, for the construction of the following clause of the will of Sophia T. Gove: “The remainder of my money ... I give to Jeremiah Hilliard or his heirs and to the heirs of Ellen I. Brown to be divided equally among them.” Jeremiah and Ellen were cousins of the testatrix. Ellen died some eight months before the will was made, leaving five children as her heirs. Jeremiah died after the will was made leaving two children as his heirs.
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Petition, for the construction of the following clause of the will of Sophia T. Gove: “The remainder of my money ... I give to Jeremiah Hilliard or his heirs and to the heirs of Ellen I. Brown to be divided equally among them.” Jeremiah and Ellen were cousins of the testatrix. Ellen died some eight months before the will was made, leaving five children as her heirs. Jeremiah died after the will was made leaving two children as his heirs. The will was construed as giving Jeremiah’s children one half of the remainder of money and Ellen’s heirs the other half, and to such construction and decree…
1Opinion of the CourtWalker, J.
The language used by the testatrix indicates a purpose to give one half of the money in question to her cousin Jeremiah or upon his decease before the death of the testatrix to his heirs, and the other half to the heirs of her cousin Ellen, whose death occurred before the will was made. The phrase, “To be divided equally among them,” though not expressed with verbal precision, refers to an equal division between the two classes, consisting on the one hand of Jeremiah and his heirs, and on the other of the heirs of Ellen. The use of the words “or his heirs” is of little importance. The legacy…
2Cases cited2 opinions
- Campbell v. ClarkSupreme Court of New Hampshire · 1887
- Cuthbert v. LaingSupreme Court of New Hampshire · 1909