Sanborn v. Sanborn
Supreme Court of New Hampshire
Bill in Equity, by the widow of David P. Sanborn, against tbeir children, for a construction of his will, and for a decree to carry it into effect.
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Bill in Equity, by the widow of David P. Sanborn, against tbeir children, for a construction of his will, and for a decree to carry it into effect. Facts found by a referee. [Copy ok the Will.] In the Name of God Amen I. David P Sanborn of Littleton in the County of Grafton and State of Newhampshire being week in body but of a Sound mind & and perfect o memory, which I have reason to praise God do make publish and declare this my last, will and testament and herein despose of all my worldly Estate in mnaur following to wit first. I order and direct my Executor herein named to pay all my Just…
1Opinion of the CourtDob, C. J.
By a will made since the repeal of the rule in Shelley’s Case, the plaintiff’s husband devised to her “for and during the term of her natural life the homestead place where we now occupy in said Littleton contaimg about One half acre with all the appurtennances there unto belonging for and during the term aforesaid, to have and to hold the same to her and her heirs and asigns.” Without the words “and her heirs,” the habendum would have been a useless, form. With those words, it has no effect unless it operates, directly or indirectly, as a devise to her heirs or to her. And the first question…
2Cases cited7 opinions
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3Cited by9 opinions
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Clough v. CloughSupreme Court of New Hampshire · 1902
- Wentworth v. WentworthSupreme Court of New Hampshire · 1914
- Brierley v. BrierleySupreme Court of New Hampshire · 1923
- Frost v. WingateSupreme Court of New Hampshire · 1906
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