Brown v. Ferren
Supreme Court of New Hampshire
Bill in Equity, by tbe executor of tbe will of Ebenezer Ferren, praying for directions as to tbe execution of tbe will. Facts agreed, and case transferred from tbe January term, 1904, of tbe superior court by Peaslee, J. Ferren died November 15, 1902, leaving a will dated October 24, 1902, by wbicb be gave eleven legacies of $500 each to a nepbew, nieces, and benevolent associations, and then, in tbe eigbtb item, directed as follows: “I direct my executor, hereinafter named,…
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Bill in Equity, by tbe executor of tbe will of Ebenezer Ferren, praying for directions as to tbe execution of tbe will. Facts agreed, and case transferred from tbe January term, 1904, of tbe superior court by Peaslee, J. Ferren died November 15, 1902, leaving a will dated October 24, 1902, by wbicb be gave eleven legacies of $500 each to a nepbew, nieces, and benevolent associations, and then, in tbe eigbtb item, directed as follows: “I direct my executor, hereinafter named, to pay from my estate tbe mortgage indebtedness of my balf brother, William Ferren, upon bis bouse, whenever that…
1Opinion of the CourtCha.se, J.
1. The provisions of the will and codicil relating to the payment of William’s indebtedness, when brought together, as they properly may be (Hall v. Smith, 61 N. H. 144), read as follows: “I direct my executor ... to pay from my estate the mortgage indebtedness of my half brother, William Ferren, upon his house, whenever that indebtedness shall be reduced by him so that not more than fifteen hundred dollars is due thereon, [such payment to be made] upon the decease of my . . . wife, and not before,” etc. The legacy thus given may be said to consist of an obligation placed by the testator upon…
2Cases cited1 opinion
- Seeley v. HincksSupreme Court of Connecticut · 1894
3Cited by2 opinions
- Loveren v. EatonSupreme Court of New Hampshire · 1921
- Rolfs v. MullinsSupreme Court of Iowa · 1917