Goodwin v. Colby
Supreme Court of New Hampshire
Bill in Equity, by the executor of the last will of John San-born, asking direction as to the payment of certain legacies, where the legatees died in the lifetime of the testator.
1Opinion of the CourtAllen, J.
At common law, when the legatee dies before the testator the legacy lapses and falls into the residuum. 2 Will. Ex. 1084; 1 Jar. Wills *338; 2 Redf. Wills 484. But by statute “ The heirs in the descending line of any legatee or devisee deceased before the testator, shall take the estate devised or bequeathed in the same manner the legatee or devisee would have taken the same if he had survived.” G. L., c. 193, s. 12.
The legatee, Area Sanborn, died in the lifetime of her husband, the testator, leaving one son, the defendant, Daniel G. Davis, an illegitimate child. He is her heir in the descending…
2Cited by4 opinions
- Hall v. WigginSupreme Court of New Hampshire · 1891
- Loveren v. DonaldsonSupreme Court of New Hampshire · 1899
- ROBIN C. v. SchweikerDistrict Court, D. New Hampshire · 1982
- Estate of CloutierSupreme Court of New Hampshire · 1976