Crosby v. Crosby
Supreme Court of New Hampshire
Bill in Equity for instructions. Franklin Simonds died November 9, 1869, leaving a will containing the following bequests: “To my sister Mrs. Abigail Crosby, the use and income of the sum of three thousand dollars for and during her life.” “To the three children now living of my aforesaid brother Otis, said sum of three thousand dollars after the decease of my aforesaid sister, in equal shares.”
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Bill in Equity for instructions. Franklin Simonds died November 9, 1869, leaving a will containing the following bequests: “To my sister Mrs. Abigail Crosby, the use and income of the sum of three thousand dollars for and during her life.” “To the three children now living of my aforesaid brother Otis, said sum of three thousand dollars after the decease of my aforesaid sister, in equal shares.” The three children all survived the testator, but died before the sister, Mrs. Abigail Crosby, who died March 4, 1886. The plaintiff was appointed trustee of the fund December 27, 1881, and is ready…
1Opinion of the CourtClark, J.
The bequest to the testator’s sister of the use and income of the sum of three thousand dollars, and the bequest of “said sum of three thousand dollars” to the three children of his brother after the decease of the sister, was an absolute gift to the brother’s children. The bequest to the sister was not of the three thousand dollars, but of the use and income of it. She had no power to dispose of it, or any part of it. The bequest of the three thousand dollars was to the brother’s children. It was a bequest to them to come into enjoyment at a future day. The gift was absolute, the time of…
2Cases cited2 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Vandewalker v. RollinsSupreme Court of New Hampshire · 1885
3Cited by6 opinions
- Griscom v. CommissionerUnited States Board of Tax Appeals · 1931
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
- Hall v. WigginSupreme Court of New Hampshire · 1891
- Thyng v. LaneSupreme Court of New Hampshire · 1898
1 more not listed; retrieve them via the Exa API.