Lummus v. Mitchell
Supreme Court of New Hampshire
Writ op Entry, brought to recover certain real estate in Claremont, in this County. The writ is dated June 15,1855. The will of Samuel Ashley, hereto annexed, makes part of this case. The plaintiff claims under Eunice Ashley, named in said will, and the widow of said testator.
Read the full summary
Writ op Entry, brought to recover certain real estate in Claremont, in this County. The writ is dated June 15,1855. The will of Samuel Ashley, hereto annexed, makes part of this case. The plaintiff claims under Eunice Ashley, named in said will, and the widow of said testator. The defendant claims under Luther Ashley, named in said will. : Said Luther Ashley died in November, A. D. 1835, and the defendant, and those under whom he claims, have, since the decease of said testator, been in possession of the demanded premises. The testator, at the time of the execution of said will, and of his…
1Opinion of the CourtFowler, J.
Ey agreement of parties, the only question for consideration is, whether, by the will of Samuel Ashley, a fee in the lands described in the devise to him passed to Luther Ashley. The words of the devise are, “ I give and bequeath to my son Luther Ashley all my lands in Claremont that lyeth on the west side of the west highway, or public road, running through said town, together with all the buildings and edifices standing on the premises, and also all my stock and farming tools.” The will was made in 1784 and proved in 1792; consequently no aid in .its construction is to be gained from the…
2Cases cited9 opinions
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
- Lithgow v. KavenaghMassachusetts Supreme Judicial Court · 1812
- Jackson ex dem. Wells v. WellsNew York Supreme Court · 1812
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Charter v. OtisNew York Supreme Court · 1862