Ordway v. Dow
Supreme Court of New Hampshire
In Equity. The bill was brought by John G. Ordway, of Epping, in said county, administrator of the goods and estate of Charles B. God-frey, late of said Epping, deceased, against Winthrop N. Dow, of said Epping, executor of the last will and testament of Mehitable Godfrey, late of said Epping, deceased, and residuary.legatee in trust under the said will of the said Mehitable.
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In Equity. The bill was brought by John G. Ordway, of Epping, in said county, administrator of the goods and estate of Charles B. God-frey, late of said Epping, deceased, against Winthrop N. Dow, of said Epping, executor of the last will and testament of Mehitable Godfrey, late of said Epping, deceased, and residuary.legatee in trust under the said will of the said Mehitable. It charges that the said Mehitable, being possessed of considerable personal estate, duly made and executed her last will and testament in writing, dated November 13, 1868, in which she ordered her executors to pay all…
1Concurrence
It appears from the will that the testatrix intended to dispose of her whole property, because the clause which we are seeking to interpret was a residuary clause. It also appears that she had distinctly in her mind her son James, the only personal representative, excepting her grandson, mentioned in the will. She gave this personal representative a small bequest, showing thereby that, although she did not intend to pass him over, he was not a special object of her bounty.
The bequest is expressly given to the trustee for the grandson, and, if necessary for his comfort, may be wholly expended…
2Cases cited3 opinions
- Burleigh v. CloughSupreme Court of New Hampshire · 1872
- Brown v. BrownSupreme Court of New Hampshire · 1860
- Felton v. SawyerSupreme Court of New Hampshire · 1860