Bennett v. Sloman
Supreme Court of New Hampshire
Bill in Equity, for the construction of a will. Facts agreed. Isabella Remick, a resident of Tamworth in this county, died January 10, 1892, leaving real and personal estate in this county and also real estate in Maine. Her will, made in January, 1879, contains the following clause: “I make the following provision relative to my eight shares of the capital stock of the Casco National Bank at Portland, Maine, bought by me while Isabella Jacobs.
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Bill in Equity, for the construction of a will. Facts agreed. Isabella Remick, a resident of Tamworth in this county, died January 10, 1892, leaving real and personal estate in this county and also real estate in Maine. Her will, made in January, 1879, contains the following clause: “I make the following provision relative to my eight shares of the capital stock of the Casco National Bank at Portland, Maine, bought by me while Isabella Jacobs. “1st. The net income thereof shall bo deposited in the Saco and Biddeford Saving’s Institution at Saco, in trust for my son, Arthur T. Jacobs, who left…
1Opinion of the CourtBlodgett, C. J.
Upon the agreed facts, the legal presumption is that Arthur long since deceased. .Evidence that a party has not been heard of for seven years rebuts the presumption of the duration of life. Smith v. Knowlton, 11 N. H. 191, 196; Brown v. Jewett, 18 N. H. 230, 231; Forsaith v. Clark, 21 N. H. 409, 425; Mooers v. Bunker, 29 N. H. 420, 432; Winship v. Conner, 42 N. H. 341, 344; Boody v. Watson, 64 N. H. 162, 189. This being so, and it evidently having been the intention of the testatrix, in case Arthur did not return to Saco, that Charlotte should have the use of the designated fund after…
2Cases cited1 opinion
- Boody v. WatsonSupreme Court of New Hampshire · 1886
3Cited by1 opinion
- Voliotes v. VentouraSupreme Court of New Hampshire · 1932