Roaf v. Champlin
Supreme Court of New Hampshire
Bill in Equity, for an injunction and an accounting. The plaintiff claims an interest in certain real estate in Sandwich, by an attachment April 17, 1916, in a suit brought by him against Walter E. Blanchard. The premises were conveyed to the defendants by Flora L. Blanchard February 13, 1917. Flora Blanchard’s title is derived from the will of her brother, Howard W. Blanchard. Howard died October 1,' 1914, after five years’ illness.
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Bill in Equity, for an injunction and an accounting. The plaintiff claims an interest in certain real estate in Sandwich, by an attachment April 17, 1916, in a suit brought by him against Walter E. Blanchard. The premises were conveyed to the defendants by Flora L. Blanchard February 13, 1917. Flora Blanchard’s title is derived from the will of her brother, Howard W. Blanchard. Howard died October 1,' 1914, after five years’ illness. He left a mother, aged eighty-three, who died December 19, 1914, a sister, Flora, aged forty, and a brother, Walter. Howard never married and lived in Sandwich…
1Opinion of the CourtParsons, C. J.
The plaintiff, by his attachment of all the real estate of Walter, could not acquire any greater interest than Walter had. Under the will Walter had a vested remainder dependent upon the life estate created by the will subject, however, to be defeated by the exercise of the power of disposition attached to the life estate. Weston v. Society, 77 N. H. 576; Shapleigh v. Shapleigh, 69 N. H. 577; Burleigh v. Clough, 52 N. H. 267. The tenants of the life estate were given “full power to dispose of all or any part thereof if necessary for their support and comfort.” The sale of the real estate in…
2Cases cited7 opinions
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Shapleigh v. ShapleighSupreme Court of New Hampshire · 1899
- Weston v. Second Orthodox Congregational SocietySupreme Court of New Hampshire · 1915
- Pierce v. BakerSupreme Court of New Hampshire · 1879
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3Cited by1 opinion
- Hayes v. Southern New Hampshire Medical CenterSupreme Court of New Hampshire · 2011