Gafney v. Kenison
Supreme Court of New Hampshire
Bill in Equity, by the executor of the will of Josiah Thurs-ton, for direction as to certain clauses of the will. Section 10 contains the following: “ I give and devise to my beloved brother William Thurston, the sole use of the farm he now occupies, for the term of his natural life, and after his decease to his son, Josiah W. Thurston, during the term of his natural life, and after his decease I give and devise the same to his oldest child.”
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Bill in Equity, by the executor of the will of Josiah Thurs-ton, for direction as to certain clauses of the will. Section 10 contains the following: “ I give and devise to my beloved brother William Thurston, the sole use of the farm he now occupies, for the term of his natural life, and after his decease to his son, Josiah W. Thurston, during the term of his natural life, and after his decease I give and devise the same to his oldest child.” The farm consisted of two tracts in Effingham about a mile apart. There was also a piece of meadow-land, about eight acres, in Freedom, two miles away,…
1Opinion of the CourtBlodgett, J.
1. The devise of the William Thurston farm includes the meadow-land. It was generally known as a part of the farm when the will was executed, and the fail presumption is that the testator so regarded it. Moreover, if there is any doubt on this point, the donees are entitled to the benefit of it. Parsons v. Winslow, 6 Mass. 173.
2. The question in whom the title of the farm will vest upon the decease of Josiah W. obviously does not concern the executor, and therefore is not properly before the court, and cannot be considered. Hodgdon v. Darling, 61 N. H. 582. The object of a bill of this kind…
2Cited by16 opinions
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- Society of the Cincinnati v. ExeterSupreme Court of New Hampshire · 1943
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Dorsett v. WatkinsSupreme Court of Oklahoma · 1916
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
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