Greenough v. Cass
Supreme Court of New Hampshire
Bill in Equity, asking the court to declare whether by the following clause in the will of Ira Noyes, the executor, Gilman Greenough is a legatee, taking equally with the other persons mentioned in the same clause: “ I give and bequeith unto the following persons the remainder of my propity, real estate and personaly to be devided equally between the following persons: Mary J. Bartlett, wife of A. B. Bai’tlett of Plaistow Emma M. Cass, wife of C. W. Cass, of Plaistow The…
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Bill in Equity, asking the court to declare whether by the following clause in the will of Ira Noyes, the executor, Gilman Greenough is a legatee, taking equally with the other persons mentioned in the same clause: “ I give and bequeith unto the following persons the remainder of my propity, real estate and personaly to be devided equally between the following persons: Mary J. Bartlett, wife of A. B. Bai’tlett of Plaistow Emma M. Cass, wife of C. W. Cass, of Plaistow The four children of Sister Cogswells of Gilmanton The four children of Sister Moulton of Plainfield Ira O. Sawyer, of…
1Opinion of the CourtBlodgett, J.
The third clause of the testator’s will gives the remainder of his estate to certain persons equally, and then designates who they are either by name or other sufficient description. Included in this list, and standing last in order, is the name of the plaintiff, followed by the words “ whom I hereby appoint executor of this my last will and testament.” The reading of this clause, and especially in the light afforded by a fae simile of the will itself, leaves no doubt as to the meaning of its language, which is clear, definite, and concise; and when this is so, the means, both at law and in…
2Cases cited1 opinion
- Howerton v. . HendersonSupreme Court of North Carolina · 1883
3Cited by2 opinions
- Hall v. WigginSupreme Court of New Hampshire · 1891
- McAllister v. HayesSupreme Court of New Hampshire · 1911