Walker v. Hill
Supreme Court of New Hampshire
Bill in Equity, for the construction of the will of G-ustavus Walter, and Petition, for the appointment of a trustee thereunder.
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Bill in Equity, for the construction of the will of G-ustavus Walter, and Petition, for the appointment of a trustee thereunder. Transferred from the April term, 1904, of the superior court by Peaslee, J. The first clause of the will directs the payment of debts and funeral expenses, the second bequeaths to Nancy L. Hill, a sister of the testator, the sum of $1,000 in case she survives him, and the third devises the testator’s homestead to his wife, “to have and to hold for and during her natural life, with the privilege of selling the same at any time if she deem it best, the proceeds of…
1Opinion of the CourtYoung, J.
The clause under which Mrs. Walker takes the great bulk of the testator’s property is a residuary one so far as her administration is concerned, for he gives her “ one half of all the remaining portion of my estate . . . and . . . the income of the remainder of my estate during her natural life.” Under it she takes all the property that remains after his debts, funeral expenses, expenses of administration, and the cost of the headstone have been paid, either in fee or for life; for the legacy to his sister, Nancy L. Hill, has lapsed, and the will postpones the payment of the other legacies…
2Cases cited1 opinion
- Hopkins v. KeazerSupreme Judicial Court of Maine · 1896
3Cited by5 opinions
- Wise v. CommonwealthSupreme Court of Virginia · 1918
- Little v. ColmanSupreme Court of New Hampshire · 1907
- Lee v. CommissionerCourt of Appeals for the First Circuit · 1935
- In Re Estate of GileSupreme Court of New Hampshire · 1948
- Northwestern Trust Co.North Dakota Supreme Court · 1922