Yeaton v. Roberts
Superior Court of New Hampshire
In Equity. Ebenezer Yeaton made his last will and testament, which, after providing for the payment of his debts, contained the following passages: “ Item 1st. I give to Oliver Yeaton and wife, and Theodore Yeaton and wife, all of said Somersworth, the use and improvement of all that lot of land and buildings on which he and his father now lives and occupies, during the life-time of all or either one of them, and then to descend and go in fee to the children of the said…
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In Equity. Ebenezer Yeaton made his last will and testament, which, after providing for the payment of his debts, contained the following passages: “ Item 1st. I give to Oliver Yeaton and wife, and Theodore Yeaton and wife, all of said Somersworth, the use and improvement of all that lot of land and buildings on which he and his father now lives and occupies, during the life-time of all or either one of them, and then to descend and go in fee to the children of the said Oliver, and such other children as he may hereafter have, in equal shares. “ Item 2d. I give and bequeath to Leavitt H.…
1Opinion of the CourtWoods, J.
It is clear that the plaintiff, in the two-fold relation of administrator and sole heir to his deeased daughter, Sarah Emma Yeaton, is entitled to whatever share or interest she had at the time of her death, in the personal and real property of the testator, Ebenezer Yeaton, if any she did have, that could be transmitted by intestacy or descent. This interest or share is claimed to have been, an absolute title and right of present possession, in common with the other children of the plaintiff, and with the children of Oliver Yeaton, to all that residuiim of the personal and real property of…
2Cases cited3 opinions
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Wood v. BurnhamNew York Court of Chancery · 1837
- Van Vechten v. PearsonNew York Court of Chancery · 1835
3Cited by2 opinions
- Schmeider v. MeyerNew Jersey Court of Chancery · 1924
- Weinstein v. MacKeyDistrict Court of Appeal of Florida · 1982