Wilkins v. Ordway
Supreme Court of New Hampshire
The question submitted is, what are the rights of the husband, and whether he is interested under the terms of said will giving, one half of the estate to the heirs of his wife, Anna G. Wilkins.
1Opinion of the CourtClark, J.
If husband and wife were of kin or heirs of each other, the relationship wrould extend to the children of either by a former marriage, and a decree of divorce would dissolve it. The common-law doctrine of dower and curtesy originated in the fact that husband and wife are not heirs of each other. Ordinarily, technical terms are to be understood according to their legal signification, unless some evidence appears of an intention to use them in a different sense. The phrase “ next of kin,” as applied to relatives by blood, having a technical legal signification under the statute of distributions…
2Cases cited5 opinions
- Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
- Keteltas v. . KeteltasNew York Court of Appeals · 1878
- Luce v. . DunhamNew York Court of Appeals · 1877
- Cleaver v. CleaverWisconsin Supreme Court · 1875
- Lord v. BourneSupreme Judicial Court of Maine · 1873
3Cited by4 opinions
- United States v. 575.52 ACRES OF LAND, ETC.District Court, D. New Hampshire · 1954
- Upton v. HosmerSupreme Court of New Hampshire · 1900
- Cram v. CramSupreme Court of New Hampshire · 1884
- McLane v. MardenSupreme Court of New Hampshire · 1971