Hall v. Wiggin
Supreme Court of New Hampshire
Bill in Equity, asking for instructions. Hosea Clark died December 31,1869, leaving a will dated March 27,1861, and codicil thereto dated October 23, 1869, which were duly proved and allowed. By this will and codicil, after making sundry bequests, the testator gave “the use and improvement of the rest and residue ” of liis estate to his wife, “ to have and to hold and enjoy the same for and during her natural life, or until she shall marry again.”
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Bill in Equity, asking for instructions. Hosea Clark died December 31,1869, leaving a will dated March 27,1861, and codicil thereto dated October 23, 1869, which were duly proved and allowed. By this will and codicil, after making sundry bequests, the testator gave “the use and improvement of the rest and residue ” of liis estate to his wife, “ to have and to hold and enjoy the same for and during her natural life, or until she shall marry again.” He further provided that “ at the decease” or marriage of his wife his “ estate shall descend and be distributed among nearest relations as…
1Opinion of the CourtClaek, J.
The parts of the will submitted for interpretation are the clauses providing for the distribution of the estate at the termination of the interest of the testator’s wife. After sundry bequests, the testator gives “the use and improvement of the rest and residue ” of his estate to his wife “ during her natural life, or until she shall marry again,” and provides that at the decease or marriage of his wife his “ estate shall descend and be distributed among nearest relations as follows, to wit: — ” To his brother, Nelson Clark, $500; to his brother, Horace Clark, $1,500; to his sister, Harriet…
2Cases cited5 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Crosby v. CrosbySupreme Court of New Hampshire · 1886
- Goodwin v. ColbySupreme Court of New Hampshire · 1887
- O'Brien v. O'LearySupreme Court of New Hampshire · 1887
- Greenough v. CassSupreme Court of New Hampshire · 1887
3Cited by5 opinions
- Abbott v. LewisSupreme Court of New Hampshire · 1913
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
- Thyng v. LaneSupreme Court of New Hampshire · 1898
- Hall v. BlodgettSupreme Court of New Hampshire · 1900