Parker v. Ross
Supreme Court of New Hampshire
Bill in Equity, for the construction of the will of Richard N. Ross, of whose estate the plaintiff is administrator, with the will annexed.
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Bill in Equity, for the construction of the will of Richard N. Ross, of whose estate the plaintiff is administrator, with the will annexed. The will is as follows : “(1st) I give and devise unto my beloved wife, Dorcas W. Ross, all the property I possess . . . for her support and maintenance as long as she lives; at her decease, the remainder thereof . . . shall be divided into four equal parts, and given as follows: “ (2nd) I give and devise one fourth part to my sister, Sarah A. Dutton. “ (3rd) I give and devise one fourth part to the children then living of my deceased sister, Mary Ewell.…
1Opinion of the CourtCarpenter, C. J.
A remainder contingent in terms will be held vested if such was the intention of the testator. Wiggin v. Perkins, 64 N. H. 36. Thus, under a devise to the testator’s wife for life, if she shall so long continue to be his widow, and, in ease she marries, to A in fee, A takes a vested remainder. Fear. Bern. 5, Butler’s note d; Brown v. Cutter, T. Raym. 427; Bates v. Webb, 8 Mass. 458; Kennard v. Kennard, 63 N. H. 303, 309, 310. So under a devise to A for life, remainder to her children if any she has, and if she has none, to B, B takes a vested remainder subject to be divested by the birth of a…
2Cases cited5 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Roome v. . PhillipsNew York Court of Appeals · 1862
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Farnam v. FarnamSupreme Court of Connecticut · 1885
- Bates v. WebbMassachusetts Supreme Judicial Court · 1812
3Cited by11 opinions
- Abbott v. LewisSupreme Court of New Hampshire · 1913
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- American National Bank v. ChapinSupreme Court of Virginia · 1921
- Yeager v. FarnsworthSupreme Court of Iowa · 1914
- Sellick v. SellickMichigan Supreme Court · 1919
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