Thyng v. Lane
Supreme Court of New Hampshire
Bill in Equity, praying for direction in the execution of a trust. Facts found by the court. Theodore Moses, deceased, left a will containing the following provision : “ I give and bequeath to my son William P. Moses the interest and income of six thousand dollars, to have and to hold for and during his natural life, and after his decease to be held and enjoyed by his widow, if he should leave one, so long as she shall remain his widow, and after the death of the said…
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Bill in Equity, praying for direction in the execution of a trust. Facts found by the court. Theodore Moses, deceased, left a will containing the following provision : “ I give and bequeath to my son William P. Moses the interest and income of six thousand dollars, to have and to hold for and during his natural life, and after his decease to be held and enjoyed by his widow, if he should leave one, so long as she shall remain his widow, and after the death of the said William and the death or marriage of his widow, I give and bequeath said six thousand dollars to the children of the said…
1Opinion of the CourtChase, J.
A consideration of the will as a whole leaves the impression that the general plan of the testator was to set apart a portion of his property for the benefit of each one of his children and the child’s issue, with certain limitations upon its use; or, in other words, to give a portion of the property to the children of each child (his grandchildren) and the legal representatives of such as should die, subject to the right of their parents to have the use of it during life. The words looking to the future,— “ after the death of the said . . . and the death or marriage of his widow,” —…
2Cases cited5 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Benton v. BentonSupreme Court of New Hampshire · 1889
- Crosby v. CrosbySupreme Court of New Hampshire · 1886
- Wiggin v. PerkinsSupreme Court of New Hampshire · 1886
- Hall v. WigginSupreme Court of New Hampshire · 1891
3Cited by1 opinion
- Snow v. DurginSupreme Court of New Hampshire · 1899