Little v. Colman
Supreme Court of New Hampshire
Bill in Equity, for directions in respect to the execution of a will. The bill was taken pro confesso, and was transferred without a ruling from the September term, 1906, of the superior court by Peaslee, J. The material allegations of the bill are as follows: Mary Dyson died testate in 1898, and her will has been duly proved and allowed. In 1905, the plaintiff was appointed trustee by the probate court, to hold certain property and estate described in the will.
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Bill in Equity, for directions in respect to the execution of a will. The bill was taken pro confesso, and was transferred without a ruling from the September term, 1906, of the superior court by Peaslee, J. The material allegations of the bill are as follows: Mary Dyson died testate in 1898, and her will has been duly proved and allowed. In 1905, the plaintiff was appointed trustee by the probate court, to hold certain property and estate described in the will. Besides certain provisions in favor of the husband of the testatrix during life, the will contained the following: “ II. I give and…
1Opinion of the CourtChase, J.
The testatrix, by the second and third clauses of the will, gave to one of her daughters during life “ the use ” of the Vassalborougk farm, and to the other daughter during life “the use” of the family homestead. Obviously, “the use” intended was to be direct, — of the property itself, without the intervention of a trustee or other agency. Each daughter took a life estate in the real estate of which she was to have the use, and the plaintiff, as trustee, has no duty to perform in respect to such real estate.
By the fifth clause of the will, the testratrix gave to her daughters and the survivor…
2Cases cited2 opinions
- Merrill v. American Baptist Missionary UnionSupreme Court of New Hampshire · 1905
- Walker v. HillSupreme Court of New Hampshire · 1905
3Cited by2 opinions
- Wise v. CommonwealthSupreme Court of Virginia · 1918
- In Re Estate of GileSupreme Court of New Hampshire · 1948