Legal Opinion

Smith v. Jewett

Supreme Court of New Hampshire

Decided June 15, 1860PublishedCited by 1 opinion

This is a bill in equity, bi’ougbt by Eliza J. Smith and her husband, and Sarah E. Jewett, the said Eliza and Sarah being daughters of Aaron Jewett, deceased, against Nancy Jewett, his widow, and Deborah L. Jewett, also a daughter.

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This is a bill in equity, bi’ougbt by Eliza J. Smith and her husband, and Sarah E. Jewett, the said Eliza and Sarah being daughters of Aaron Jewett, deceased, against Nancy Jewett, his widow, and Deborah L. Jewett, also a daughter. The plaintiffs claim under the will of said Aaron Jewett, which gave to his wife, the said Nancy Jewett, all his real and personal estate, except some specific legacies, to have and to hold the same during the term of her natural life, upon the condition that his two daughters, Sarah E. and Deborah L. Jewett, should be maintained therefrom, so long as they remained…

1Opinion of the CourtBellows, J.

The plaintiffs in this case seek for relief on account of waste already committed; for an injunction to stay waste in the future ; for a decree of forfeiture for breach of condition in neglecting to maintain the plaintiff, Sarah F. Jewett; for an account of the personal property received by said Nancy under the will, with the income thereof, and of the real estate, and that proper decrees be made to secure and preserve it for the benefit of the persons interested; and also that the said Nancy, having become incapable of discharging the duties of the trust, be removed, and another trustee be…

2Cases cited2 opinions

  1. Livingston v. TompkinsNew York Court of Chancery · 1820
  2. Gardiner v. DerringNew York Court of Chancery · 1829

3Cited by1 opinion

  1. Livingston v. . GordonNew York Court of Appeals · 1881

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