Pierce v. Dustin
Superior Court of New Hampshire
Assumpsit. The writ was dated October 6th, 1849, and contained one count for $500, money had and received by the defendant to the use of Clarissa Pierce, while covert of Daniel Pierce.
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Assumpsit. The writ was dated October 6th, 1849, and contained one count for $500, money had and received by the defendant to the use of Clarissa Pierce, while covert of Daniel Pierce. The action was brought to recover the interest on a fund of $275.16, provided by the will of Jonathan Hardy, the father of said Clarissa, for the term of twenty-two years and four months, next preceding the 4th day of January, 1843; and also interest on the sums of yearly interest, from the time they were received by the defendant, amounting in all to the sum of $368. The demand was made of the defendant on the…
1Opinion of the CourtEastman, J.
The will of Jonathan Hardy, and particularly those clauses of it upon which the decision of this ease rests, have heretofore undergone á judicial construction in the superior court of this State, in the case of Judge of Probate v. Hardy, 3 N. H. Rep. 147. In that case Richardson, C. J., says: “ We think that it was the intent of the testator that this sum should be reserved for the use of Clarissa and her children, and that the husband of Clarissa should have no control over it.” And again: “ This will seems to us to give to Clarissa the right to receive only the interest of. this legacy.” It…
2Cases cited4 opinions
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- Watson v. WatsonSupreme Court of Connecticut · 1834
- Marston v. CarterSuperior Court of New Hampshire · 1841
- Claggett v. HardySuperior Court of New Hampshire · 1825