Ordway v. Dow
Supreme Court of New Hampshire
In Equity. The bill was brought by John G. Ordway, of Epping, in said county, administrator of the goods and estate of Charles B. God-frey, late of said Epping, deceased, against Winthrop N. Dow, of said Epping, executor of the last will and testament of Mehitable Godfrey, late of said Epping, deceased, and residuary.legatee in trust under the said will of the said Mehitable.
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In Equity. The bill was brought by John G. Ordway, of Epping, in said county, administrator of the goods and estate of Charles B. God-frey, late of said Epping, deceased, against Winthrop N. Dow, of said Epping, executor of the last will and testament of Mehitable Godfrey, late of said Epping, deceased, and residuary.legatee in trust under the said will of the said Mehitable. It charges that the said Mehitable, being possessed of considerable personal estate, duly made and executed her last will and testament in writing, dated November 13, 1868, in which she ordered her executors to pay all…
1Opinion of the Court
The question to be determined is, whether, under the fourth clause of the will of Mehitable Godfrey, her grandson, Charles Brown Godfrey, took a vested legacy, or whether the legacy was contingent depending on his attaining the age of twenty-five years.
In Furness v. Fox, 1 Cush. 136, the rule taken from 3 Woodeson 512 is laid down as follows: "If the time of payment merely be postponed, and it appear to be the intention of the testator that his bounty should immediately attach, the legacy is of the vested kind; but if the time be annexed to the substance of the gift, as a condition precedent,…
2Cases cited4 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Burleigh v. CloughSupreme Court of New Hampshire · 1872
- Gale v. DrakeSupreme Court of New Hampshire · 1871
- Felton v. SawyerSupreme Court of New Hampshire · 1860
3Cited by5 opinions
- Parker v. LeachSupreme Court of New Hampshire · 1890
- Benton v. BentonSupreme Court of New Hampshire · 1889
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
- Conn. Mut. Life Ins. v. FishSupreme Court of New Hampshire · 1879
- Joy v. FeslerSupreme Court of New Hampshire · 1892