Cotton v. Fletcher
Supreme Court of New Hampshire
Bill in Equity, for advice as to the duties of the executrix of the will of John E. Cotton. Carl Cotton, a trustee under the will, joined in asidng direction as to his duties.
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Bill in Equity, for advice as to the duties of the executrix of the will of John E. Cotton. Carl Cotton, a trustee under the will, joined in asidng direction as to his duties. At the request of the parties, the case was transferred without a ruling from the September term, 1914, of the superior court by Kivel, J. ' John E. Cotton died in 1912, testate, leaving an estate of about $300,000. He was survived by a widow, several nephews and nieces, and Alice R. Fletcher, who, though not related to him, had been reared in his family and was treated as his daughter. The will gives the widow a small…
1Opinion of the CourtPeaslee, J.
The principal question argued by counsel is whether the remainders after the life estate to the widow are accelerated so as to take effect immediately, by reason of the fact that the widow has waived the provisions for her. While the general rule is that such acceleration will take place (Parker v. Ross, 69 N. H. 213), yet the principle is not applied in all cases. Like all other rules for the interpretation of a will, it yields to the manifest intent of the testator. If it is evident that the testator did not intend such a result, there will be no acceleration. Lovell v. Charlestown, 66 N.…
2Cases cited4 opinions
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Parker v. RossSupreme Court of New Hampshire · 1897
- Kingsbury v. BazeleySupreme Court of New Hampshire · 1908
- Lovell v. CharlestownSupreme Court of New Hampshire · 1891
3Cited by5 opinions
- Sorrells v. McNallySupreme Court of Florida · 1925
- Sellick v. SellickMichigan Supreme Court · 1919
- Wallace v. WallaceSupreme Court of Florida · 1935
- Fowler v. LaddSupreme Court of New Hampshire · 1921
- In Re Estate of NixonNew Jersey Superior Court Appellate Division · 1962