Wells v. Tyler
Superior Court of New Hampshire
Assumpsit. It was agreed by the parties that judgment should be rendered for either party, as hereinafter specified, according to the opinion of the court upon the following statement of facts: On the 24th day of March, 1851, John Spaulding, the defendant’s' testator, died, having made his will, in and by which he devised and,bequeathed to his daughter, Mary Wells, wife of the plaintiff, as follows: “I give and bequeath to my daughter, Mary Wells, wife of Philander B. Wells,…
Read the full summary
Assumpsit. It was agreed by the parties that judgment should be rendered for either party, as hereinafter specified, according to the opinion of the court upon the following statement of facts: On the 24th day of March, 1851, John Spaulding, the defendant’s' testator, died, having made his will, in and by which he devised and,bequeathed to his daughter, Mary Wells, wife of the plaintiff, as follows: “I give and bequeath to my daughter, Mary Wells, wife of Philander B. Wells, one thousand dollars, to be paid to her or her heirs at the decease of my wife; except my wife shall think best to pay…
1Opinion of the CourtEastman, J.
The decision of this case lies within a very narrow compass. All exceptions to the form of the action and the sufficiency of the demand being waived by the agreement of the parties, the only questions presented for our consideration, arise upon the construction to be given to the will of Spaulding, and the rights of the husband of the legatee.
There is no suggestion that the event upon which the $1000 were to be paid to the wife of the plaintiff, has yet arrived ; and there is no controversy between the parties in regard to that sum. The action is brought to recover only the shares in the…
2Cases cited4 opinions
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- Marston v. CarterSuperior Court of New Hampshire · 1841
- Claggett v. HardySuperior Court of New Hampshire · 1825
- Tucker v. GordonSuperior Court of New Hampshire · 1832