Pinkham v. Blair
Supreme Court of New Hampshire
From Merrimack Probate Court. Appeal from the decree of the probate court for this county, made September 14,1875. The case was submitted upon the following statement of facts : Richard Pinkham, of Concord, made his will August 18, 1851, died December 18, 1853, and his will was duly proved February 28, 1854. In 1857 Sylvester Dana was appointed administrator with the will annexed, in place of the former administrator, who had resigned.
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From Merrimack Probate Court. Appeal from the decree of the probate court for this county, made September 14,1875. The case was submitted upon the following statement of facts : Richard Pinkham, of Concord, made his will August 18, 1851, died December 18, 1853, and his will was duly proved February 28, 1854. In 1857 Sylvester Dana was appointed administrator with the will annexed, in place of the former administrator, who had resigned. In his will, Pinkham disposed of his property in the following terms: “ First. I give, bequeath, and devise to Sarah C. Pinkham, my wife, the one third part of…
1Opinion of the CourtSmith, J.
The contingency upon which Charles E. Pinkham was to take the estate devised to his sisters never happened, he having died during the lifetime of Mary without issue. No part of his father’s estate devised to his sisters ever descended to him, or to the heirs of his body, because there were no such heirs. The will of Richard Pink-ham is therefore to be construed as if no devise or bequest to Charles had been made. Eaton v. Straw, 18 N. H. 320, and authorities cited on p. 324.
I. The question presented is, whether, upon the death of Mary without issue, the estate which she inherited from her…
2Cases cited2 opinions
- Fosdick v. CornellNew York Supreme Court · 1806
- Sweet v. Chase, & RockwellNew York Court of Appeals · 1848
3Cited by8 opinions
- Blagge v. BalchSupreme Court of the United States · 1896
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Galloway v. BabbSupreme Court of New Hampshire · 1914
- Holmes v. AlexanderSupreme Court of New Hampshire · 1926
- Snow v. DurginSupreme Court of New Hampshire · 1899
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