Galloway v. Babb
Supreme Court of New Hampshire
Bill in Equity, for tbe construction of the will of Horace T. Babb, of whose estate the plaintiff is the administrator with the will annexed.
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Bill in Equity, for tbe construction of the will of Horace T. Babb, of whose estate the plaintiff is the administrator with the will annexed. Transferred from the September term, 1913, of the superior court by Branch, J. In the second clause of his will, the testator gave the income of practically his entire estate to his wife during her life, “and upon her decease I give, bequeath, and devise the principal of all said rest and remainder of all the property' of which I may die possessed unto my next of kin then living, in equal shares to them and their heirs and assigns forever.” His wife…
1Opinion of the CourtWalker, J.
In Pinkham v. Blair, 57 N. H. 226, it was held that where the words “next of kin” are used simpliciter in a gift over, and without any explanatory context showing a different intention on the part of the testator, they must be taken to mean next of kin according to the statute of distributions, who were living at the death of the last taker, and not those who were living at the death of the testator. It was accordingly determined that, where the will gave to the testator’s two daughters and their heirs a share of his estate, but provided that in case the daughters and a son, who was to take…
2Cases cited2 opinions
- Pinkham v. BlairSupreme Court of New Hampshire · 1876
- Campbell v. ClarkSupreme Court of New Hampshire · 1887
3Cited by6 opinions
- Lowrimore v. First Savings & Trust Co.Supreme Court of Florida · 1931
- Hammond v. MyersIllinois Supreme Court · 1920
- Brown Durrell Co. v. BelisleSupreme Court of New Hampshire · 1929
- Fowler v. LaddSupreme Court of New Hampshire · 1921
- Guarantee Trust Co. v. MillerNew Jersey Court of Chancery · 1933
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