Rice v. Boston Port & Seaman's Aid Society
Supreme Court of New Hampshire
From Rockingham Circuit Court. In Equity. Arabella Rice, by her will dated May 18,1867, made bequests as follows: First. To each of her first cousins, paternal and maternal, $12,000. Second. To a first cousin of her father, $6,000. Third. To Eliza Rice, $6,000. Fourth. To her late father’s first cousin, Mrs. Edgecombe, and to her daughter, Sarah Edgecombe, $6,000 each. Fifth. To two persons described as her relatives, $6,000 each. Sixth.
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From Rockingham Circuit Court. In Equity. Arabella Rice, by her will dated May 18,1867, made bequests as follows: First. To each of her first cousins, paternal and maternal, $12,000. Second. To a first cousin of her father, $6,000. Third. To Eliza Rice, $6,000. Fourth. To her late father’s first cousin, Mrs. Edgecombe, and to her daughter, Sarah Edgecombe, $6,000 each. Fifth. To two persons described as her relatives, $6,000 each. Sixth. To Hon. Ichabod Goodwin, $6,000. Seventh. To four charitable societies of Portsmouth, $3,000 each,— namely, Portsmouth Marine Society, Domestic Missionary…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. At the August adjourned term, 1874, the supreme judicial court decided, not without hesitation, that the legacy of $5,000 to the Boston Seaman's Aid Society in the codicil was not to be regarded as cumulative, but rather as an inadvertent repetition by the testatrix of the legacy of the same amount given to the same society in the will; and that the defendants were therefore entitled to but one sum of $5,000, on a fair construction of the two testamentary papers taken together. The decree ordered was, that the executor should pay to the defendants the sum of…
2Cases cited3 opinions
- Pickering v. PickeringSuperior Court of New Hampshire · 1833
- Payne v. SmithSuperior Court of New Hampshire · 1841
- Loring v. WoodwardSupreme Court of New Hampshire · 1860
3Cited by9 opinions
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Brown v. BartlettSupreme Court of New Hampshire · 1879
- Pettee v. Omega Chapter of Alpha Gamma RhoSupreme Court of New Hampshire · 1934
- Morse v. MorseSupreme Court of New Hampshire · 1878
- Kimball v. LancasterSupreme Court of New Hampshire · 1880
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