Langley v. Farmington
Supreme Court of New Hampshire
Assumpsit, on the defendants’ three promissory notes, payable to John II. Langley or order. Plea, payment. Facts found by the court.
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Assumpsit, on the defendants’ three promissory notes, payable to John II. Langley or order. Plea, payment. Facts found by the court. John H. Langley died December 21,1875, possessed of the notes, and leaving a will of which he made his wife executrix, and by which he gave to his brother, Joseph, $125, to his nephew, William N. Langley, $100, and disposed of the residue of his estate as follows : “As to all the rest, residue, and remainder of my estate, I give and bequeath the same to-my beloved wife, Mary S. Langley, to have and to hold the same to her use and benefit forever. It is…
1Opinion of the CourtChase, J.
It is unnecessary to determine whether the widow, under the residuary clause, took an absolute estate as claimed by the defendants, or an estate for life enlarged by the addition of a right or power to use and dispose of the principal as she saw fit. Burleigh v. Clough, 52 N. H. 267; Kimball v. Bible Society, 65 N. H. 139, 151. If her interest was only an enlarged life estate (which is the smallest that can be claimed in her behalf), the testator intended that her possession of the property should immediately succeed' his and be of the property in specie,, and that she should have the…
2Cases cited4 opinions
- Westcott v. CadyNew York Court of Chancery · 1821
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Langworthy v. ChadwickSupreme Court of Connecticut · 1838
- McCarty v. CosgroveMassachusetts Supreme Judicial Court · 1869
3Cited by12 opinions
- Blochowitz v. BlochowitzNebraska Supreme Court · 1936
- Shapleigh v. ShapleighSupreme Court of New Hampshire · 1899
- In Re Estate of CummingsSupreme Court of Pennsylvania · 1981
- Clough v. CloughSupreme Court of New Hampshire · 1902
- Russell v. DavisonSupreme Court of Oklahoma · 1939
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