Demeritt v. Young
Supreme Court of New Hampshire
Bill in Equity, for the construction of the will of Emerson Furber. Facts agreed. Transferred from the February term, 1903, of the superior court by Young, J. The plaintiffs are the trustees named in the will, who now hold the estate in that capacity.
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Bill in Equity, for the construction of the will of Emerson Furber. Facts agreed. Transferred from the February term, 1903, of the superior court by Young, J. The plaintiffs are the trustees named in the will, who now hold the estate in that capacity. Mary Furber, the widow of the testator, died in November, 1901, and Ann Leighton, his daughter, died' in March, 1901. Frank, his son, is now living, but is, and has been since a time long before the testator’s death, non compos mentis. His mental incapacity is permanent and incurable, and was known by the testator to be so when he made his will.…
1Opinion of the CourtWalker, J.
It is apparent that the testator’s purpose was (1) to provide for the comfortable support of his widow and children, and (2) to devise the remainder to' others more remotely related to him. To carry out the first, and, in his view, the more urgent or important purpose, he arranged for the enjoyment of his estate by his widow and children while they all lived, by giving his widow the use and income of one third of his property and by giving to trastees the remaining two thirds to hold for the support of his children. Desiring that all his property should be devoted to the benefit of his…
2Cited by4 opinions
- Bridgeport-City Trust Co. v. BeachSupreme Court of Connecticut · 1934
- In Re Lykes EstateSupreme Court of New Hampshire · 1973
- McGill v. YoungSupreme Court of New Hampshire · 1908
- Lloyd v. CampbellCuyahoga County Probate Court · 1963