Pickering v. Pickering
Superior Court of New Hampshire
Assumpsit, in favor of Temperance Pickering, against Sally Pickering, Gilbert Pickering Hoyt, James Pickering, Wintbrop Pickering and John L. Pickering.
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Assumpsit, in favor of Temperance Pickering, against Sally Pickering, Gilbert Pickering Hoyt, James Pickering, Wintbrop Pickering and John L. Pickering. Tbe declaration set forth that one Wintbrop Pickering, of Newington, being seized of a large real and personal estate, on tbe 22d day of January, A. D. 1783, made bis will; and thereby, after certain other legacies, devised all tbe residue of bis estate to bis three sons, Absalom, James and Gilbert, and their bens, equally to be divided between them. That tbe testator by said will ordered and directed, that, if it should so happen that any or…
1Opinion of the CourtParker, C. J.
This is a legacy or provision for the plaintiff, charged upon the income of the land, and through that upon *290the land itself. The income of the land into whatever hands the land may fall is chargeable with the maintenance of the plaintiff, upon the contingency specified in the will. 4 Mass. R. 634, Farwell vs. Jacobs ; 2 Pick. R. 619, Baker vs. Dodge; 1 Paige's Ch. R. 32, Birdsall vs. Hewlett; 7 Paige's R. 431, Harris vs. Fly.
The will, and the acceptance of its provisions, bound the income of the land, and an implied promise arose on the part of the devisees, when they took possession, to…
2Cases cited6 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Van Orden v. Van OrdenNew York Supreme Court · 1813
- Beecker v. BeeckerNew York Supreme Court · 1810
- Pickering v. PickeringSuperior Court of New Hampshire · 1833
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3Cited by2 opinions
- Copp v. HerseySuperior Court of New Hampshire · 1855
- Hart v. ChesleySuperior Court of New Hampshire · 1846