Sanborn v. Goodhue
Superior Court of New Hampshire
Appeal, from the decree of the judge of probate of this county, allowing the account of Converse Goodhue, executor of the last will and testament of Asa Paddleford, deceased. The following facts were agreed upon by the parties.
Read the full summary
Appeal, from the decree of the judge of probate of this county, allowing the account of Converse Goodhue, executor of the last will and testament of Asa Paddleford, deceased. The following facts were agreed upon by the parties. Asa Paddleford died testate, April, 1849. On the 16th of March, 1849, he executed his last will and testament, giving one-third of his real estate to his wife, Susan Paddleford, during the term of her natural life, and, after her decease, to his two children, James H. Paddleford and Wyman H. Paddleford, and their heirs and assigns forever. He also gave and bequeathed…
1Opinion of the CourtEastman, J.
There is no suggestion, either in the case or the argument of counsel, that any fraud was practised upon Paddleford, in disposing of the notes in the manner in which he did; so that the distinct question is presented whether a man can give away his personal property to his children, in anticipation of his death, when such gift will reduce the amount which would otherwise fall to his widow.
It is well settled that a gift of personal property, accompanied by delivery, is valid and even irrevocable, unless it be prejudicial to creditors, or the donor was under a legal incapacity, or was…
2Cases cited3 opinions
- Russel v. BallNew York Supreme Court · 1806
- Cook v. HustedNew York Supreme Court · 1815
- Griswold v. ChandlerSuperior Court of New Hampshire · 1831
3Cited by1 opinion
- Patterson v. LeonardSupreme Court of Alabama · 1941