Gage v. Gage
Superior Court of New Hampshire
Writ of entry, for a tract of land in Grafton, called the Pond lot, and is the same lot devised to the defendant by Phinehas Gage, by his will. Plea, the general issue.
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Writ of entry, for a tract of land in Grafton, called the Pond lot, and is the same lot devised to the defendant by Phinehas Gage, by his will. Plea, the general issue. It appeared in evidence that Phinehas Gage was seized of the said Pond lot, in his life time, and died seized thereof, having duly executed his will, as follows : “ I, Phinehas Gage, of Grafton, in the county of Grafton, and State of New Hampshire, do make and publish this my last will and testament, in the following manner: First, I give and bequeath to my wife, Phebe Gage, the land and buildings situated in said Grafton, on…
1Opinion of the CourtBell, J.
The first position of the defendant is, that Jesse E. Gage, under whom William Gage, the plaintiff, claims a share of this estate, is so referred to in the will of Phinehas Gage, that he cannot claim any part of the estate.
The clause in the statutes upon which this claim is founded, is section 9, of chapter 156, Revised Statutes, (Comp. Stat. 400.) “ Every child born after the decease of the tes-
tator, and every child, or issue of a child of the. deceased not named or referred to in his will, and who is not a devi*540see oi legatee, shall be entitled to the same portion of the estate, both real…
2Cases cited10 opinions
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Wilder v. GossMassachusetts Supreme Judicial Court · 1817
- Matteawan Co. v. BentleyNew York Supreme Court · 1852
- Terry v. FosterMassachusetts Supreme Judicial Court · 1804
- Wild v. BrewerMassachusetts Supreme Judicial Court · 1797
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re Estate of LauraSupreme Court of New Hampshire · 1997
- In the Matter of JacksonSupreme Court of New Hampshire · 1977
- In re Estate of MacKaySupreme Court of New Hampshire · 1981
- In re Estate of TreloarSupreme Court of New Hampshire · 2004
- In re Estate of CameSupreme Court of New Hampshire · 1987
4 more not listed; retrieve them via the Exa API.