Law v. Alley
Supreme Court of New Hampshire
Bill in Equity, by the executors of the will of Edward Cocking, against his legatees, asking for instructions in the administration of the trust. By the will the testator makes sundry bequests, among which are bequests to his wife and sons, by the following provisions: “ I also give and bequeath unto my said wife, Alice, one half of the income of all my estate, both real and personal, not including the homestead or what is or may be otherwise disposed of.
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Bill in Equity, by the executors of the will of Edward Cocking, against his legatees, asking for instructions in the administration of the trust. By the will the testator makes sundry bequests, among which are bequests to his wife and sons, by the following provisions: “ I also give and bequeath unto my said wife, Alice, one half of the income of all my estate, both real and personal, not including the homestead or what is or may be otherwise disposed of. I also give and bequeath unto my said wife, Alice, the sum of two hundred dollars a year to be paid annually by my executors, out of the…
1Opinion of the CourtClark, J.
In Peirce v. Burroughs, 58 N. H. 302, it is said that in the absence of all evidence on the question whether a certain fund or piece of property in the hands of an executor is capital, or income, the presumption of fact is that it is capital. The language of the court in that case is equally applicable to the facts of the present case : “ There being no evidence that the right to take new shares was property, or the proceeds of property earned by the corporations, or that it was in any sense income or profits, it is capital belonging to the remainder-men.”
Case discharged.
Chase, J., did not…
2Cases cited1 opinion
- Peirce v. BurroughsSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- Walker v. WalkerSupreme Court of New Hampshire · 1895