Campbell v. Clark
Supreme Court of New Hampshire
Bill in Equity, by the executor asking for a construction of the will of Sarah Clark. The eighth clause of the will is as follows : “ I give and devise the remainder of my estate real personal and mixed iu equal shares to my nieces and nephews and to the nieces and nephews of my former husband John Carr.” William Carr, a nephew, and Clarissa Coggswell, a niece of John Carr’s, died prior to the execution of the will, leaving issue.
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Bill in Equity, by the executor asking for a construction of the will of Sarah Clark. The eighth clause of the will is as follows : “ I give and devise the remainder of my estate real personal and mixed iu equal shares to my nieces and nephews and to the nieces and nephews of my former husband John Carr.” William Carr, a nephew, and Clarissa Coggswell, a niece of John Carr’s, died prior to the execution of the will, leaving issue. A niece died after the making of the will and before the death of the testatrix, leaving a child, Belle A. Williston. Sarah Dickey is a niece, and John and Samuel…
1Opinion of the CourtCarpenter, J.
A will speaks not from its date, but from the death of the testator, unless a different intention is expressed. The residue is given to the nieces and nephews as a class. The individuals composing the class are ascertained at the time when the devise takes effect, that is to say, at the testator’s death. The gift is to the nieces and nephews in being at that time. Hall v. Smith, 61 N. H. 144. This doctrine, like all rules for the interpretation of wills, rests upon the ground that it gives effect to the testator’s intention. A gift to. a class implies an intention to benefit those who…
2Cases cited2 opinions
- Jamison v. HaySupreme Court of Missouri · 1870
- Young v. RobinsonCourt of Appeals of Maryland · 1840
3Cited by6 opinions
- Laisure v. RichardsIndiana Court of Appeals · 1913
- Galloway v. BabbSupreme Court of New Hampshire · 1914
- Snow v. DurginSupreme Court of New Hampshire · 1899
- Frost v. WingateSupreme Court of New Hampshire · 1906
- Brown v. PhilbrickSupreme Court of New Hampshire · 1918
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