Squire v. Mudgett
Supreme Court of New Hampshire
Bile in Equity, alleging that the plaintiff is seized, for the life of William C. Mudgett, of a tract of land in Tilton, on which are situated a dwelling-house, shed, and barn, and also a store and store shed, and that the defendant is entitled to a homestead in five hundred dollars’ worth of said dwelling-house, or of said dwelling-house, shed, and barn, during her minority, and praying that a homestead in five hundred dollars’ worth thereof may be assigned to her to hold…
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Bile in Equity, alleging that the plaintiff is seized, for the life of William C. Mudgett, of a tract of land in Tilton, on which are situated a dwelling-house, shed, and barn, and also a store and store shed, and that the defendant is entitled to a homestead in five hundred dollars’ worth of said dwelling-house, or of said dwelling-house, shed, and barn, during her minority, and praying that a homestead in five hundred dollars’ worth thereof may be assigned to her to hold until she shall arrive at the age of twenty-one years, if she' shall live so long. Facts agreed by the parties. The…
1Opinion of the CourtBlodgett, J.
It was decided in Squire v. Mudgett, 61 N. H. —, that this defendant was entitled to a homestead in the life estate of her father upon which the plaintiff’s execution was levied; and the material question now is as to the extent of her homestead right. That is to say, Is it five hundred dollars’ worth of the land in which the life estate exists? or, Is it such a part as that sum bears to the value of the whole life estate ?
The answer cannot be regarded as doubtful, for. the statute estimates and measures the homestead right by value, and by nothing else. G. L., c. 188, ss. 1, 5. The character…
2Cases cited1 opinion
- Squire v. MudgettSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Lemay v. LemaySupreme Court of New Hampshire · 1930