Cram v. Cram
Supreme Court of New Hampshire
Bill in Equity, for the payment of a legacy. In a codicil to the will named in the preceding case, the testator gave his wife, Martha T. Cram, four hundred dollars, to be paid to her “ at such times and at such amounts as she may seem to need. If there is any of the four hundred unpaid at her decease, it is my desire that it revert to my executor, Frank P. Cram, or his heirs.”
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Bill in Equity, for the payment of a legacy. In a codicil to the will named in the preceding case, the testator gave his wife, Martha T. Cram, four hundred dollars, to be paid to her “ at such times and at such amounts as she may seem to need. If there is any of the four hundred unpaid at her decease, it is my desire that it revert to my executor, Frank P. Cram, or his heirs.” At the time the plaintiff went to Winchester, and subsequently at different times, the defendant paid her altogether seventy-two dollars. She has been continually an invalid, and is now in need of the balance of the…
1Opinion of the CourtStanley, J.
The plaintiff seeks to recover a legacy of four hundred dollars given her in the codicil to her husband’s will, and for a decree that it is a charge upon the land devised to the defendant. The defendant denies these positions, and insists that, even if they are sound, the plaintiff cannot maintain a bill in equity to recover the legacy. The defendant took the residue of the testator’s estate, after the payment of the debts and legacies, and this legacy thereby became a charge upon the land. Piper v. Piper, 2 N. H. 439; Gookin v. True, 3 N. H. 288; Wallace v. Wallace, 23 N. H. 149; Clough v.…
2Cited by3 opinions
- Eaton v. EatonSupreme Court of New Hampshire · 1926
- Winslow v. StarkSupreme Court of New Hampshire · 1916
- Edgerly v. BarkerSupreme Court of New Hampshire · 1893