O'Brien v. O'Leary
Supreme Court of New Hampshire
Petition for-partition.' John Quinn died leaving six surviving children, viz., Bridget, the plaintiff, Margaret, one of the defendants, Kate Tolmay, Joseph Quinn, John Quinn, Jr., and Mary Ann McKenney. By the sixth item of his will he devised to John Quinn, Jr., the land sought to be divided, “ to have and to hold to him his heirs and assigns forever.”
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Petition for-partition.' John Quinn died leaving six surviving children, viz., Bridget, the plaintiff, Margaret, one of the defendants, Kate Tolmay, Joseph Quinn, John Quinn, Jr., and Mary Ann McKenney. By the sixth item of his will he devised to John Quinn, Jr., the land sought to be divided, “ to have and to hold to him his heirs and assigns forever.” The seventh item is as follows : “ In case of the decease of any one of my said children without issue living at the time of such decease, the devise or bequest given to such child I give and bequeath in equal shares to the surviving brothers…
1Opinion of the CourtAllen, J.
By the sixth item of John Quinn, the ancestor’s will, the land in question was devised to John Quinn, Jr., “ to have and to hold tó him his heirs and assigns forever.” Taken by itself and without reference to the remaining part of the will, this was a devise in fee to John Quinn, Jr., and, upon his death intestate, leaving no lineal descendants, the land would have fallen to his brothers and sisters living and to the children of those deceased. But the seventh item of the will provided that “ in case of the decease of any one of my said children without issue living at the time of such…
2Cited by4 opinions
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
- Hall v. WigginSupreme Court of New Hampshire · 1891
- Romprey v. BrothersSupreme Court of New Hampshire · 1948
- Hall v. BlodgettSupreme Court of New Hampshire · 1900