Cuthbert v. Laing
Supreme Court of New Hampshire
Probate Appeal, from a decree of distribution. The testator bequeathed the residue of his estate “ in equal shares ” to bis four children and two children of a deceased son, naming the legatees, and directed his executors to pay the shares of the grandchildren to them when they arrived at the age of twenty-one years. In case of the death of any of the legatees named, their shares were given to the survivors.
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Probate Appeal, from a decree of distribution. The testator bequeathed the residue of his estate “ in equal shares ” to bis four children and two children of a deceased son, naming the legatees, and directed his executors to pay the shares of the grandchildren to them when they arrived at the age of twenty-one years. In case of the death of any of the legatees named, their shares were given to the survivors. The probate court decreed one fifth of the residue to each of the testatator’s four children and one tenth to each of the two grandchildren. Upon appeal the decree was affirmed pro forma,…
1Opinion of the CourtPeaslee, J.
The claim that the grandchildren take but one share in the estate cannot be sustained. The direction of the will is that the property be distributed in equal shares “ to my children, . . . and also to my grandchildren.” There is no satisfactory evidence that the testator intended the grandchildren to take only the statutory share of their deceased parent. In the provision relating to survivorship he treats all alike. The shares of deceased beneficiaries go to the survivors. If one of the grandchildren had died, its share would have been distributed to all tbe survivors equally. Had the…
2Cited by3 opinions
- Kramer v. LarsonNebraska Supreme Court · 1954
- Romprey v. BrothersSupreme Court of New Hampshire · 1948
- Brown v. PhilbrickSupreme Court of New Hampshire · 1918