Heald v. Kilgore

“Every devise or bequest by the husband or wife to the other shall be holden to be in lieu of the rights which either has by law in the estate of the other, unless it shall appear by the will that such was not the intention.” P. L., c. 306, s. 17.

Prior to this statute a devise or bequest by a husband or a wife to the other was presumed to be in addition to such other’s rights at law unless an intention that it be in lieu thereof was shown by the will. Brown v. Brown, 55 N. H. 106, 107, 108. See Hovey v. Hovey, 61 N. H. 599, 601, decided after the enactment of the statute, under the will of a…