Benton v. Benton
Supreme Court of New Hampshire
Bill in Equity, by William P. Benton, one of the executors of the will of ColbeoC. Benton, deceased, for tbe advice and direction of the court in regard to the following clauses in tbe will: “ 3. I also give and bequeath to my said wife, Susan A., every article of household furniture in and on said premises [the testator’s homestead], including piano, books, minerals, shells, and curiosities, and every other article of personal property in and about said bomestead, or…
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Bill in Equity, by William P. Benton, one of the executors of the will of ColbeoC. Benton, deceased, for tbe advice and direction of the court in regard to the following clauses in tbe will: “ 3. I also give and bequeath to my said wife, Susan A., every article of household furniture in and on said premises [the testator’s homestead], including piano, books, minerals, shells, and curiosities, and every other article of personal property in and about said bomestead, or wberever found belonging to my estate, meaning to convey said personal property to my said wife, Susan A., to be lield by her…
1Opinion of the CourtSmith, J.
Mrs. Benton takes a life estate in the homestead under the second clause of the will, and the income for life of the bond and railroad shares under the fourth clause; and, in the contingency named in the fourth clause, the principal, or so much as may be necessary for her use. As to thus much there is no controversy. Neither the language of the fourth clause, nor anything in the testator’s circumstances, shows that he intended to include the bank share, notes, or money in that clause. The mention of railroad shares tends to exclude bank shares. There is no evidence that he intended to include…
2Cases cited1 opinion
- Sumner v. BlaksleeSupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Hodgdon v. LibbySupreme Court of New Hampshire · 1896
- Trustees of Phillips Exeter Academy v. New ParishSupreme Court of New Hampshire · 1894