Hayes v. Seavey
Supreme Court of New Hampshire
Probate Appeal. Deborah T. H. Seavey died October 10, 1895, without issue. Her will made.no mention of or provision for her husband, Jonathan T. Seavey. He died October 16, 1896, without having made any opposition to her will and without assertion of any claim to any portion of her estate. The probate court decreed one half of her personal estate to Arthur J. Seavey, as executor of Jonathan T. Seavey.
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Probate Appeal. Deborah T. H. Seavey died October 10, 1895, without issue. Her will made.no mention of or provision for her husband, Jonathan T. Seavey. He died October 16, 1896, without having made any opposition to her will and without assertion of any claim to any portion of her estate. The probate court decreed one half of her personal estate to Arthur J. Seavey, as executor of Jonathan T. Seavey. The court, subject to exception, dismissed the appeal of Justin G-. Hayes, executor of Deborah’s will, and affirmed the decree of the probate court.
1Opinion of the CourtParsons, J.
“At common law marriage was regarded as an absolute gift to the husband of the personal chattels of the wife in possession, but her choses in action did not vest absolutely in him, though he had the marital right to make them his by reducing them into possession. If he did not choose to do so, they remained the property of the wife, aud the husband had no interest that could be reached by his creditors (Marston v. Carter, 12 N. H. 159; Wheeler v. Moore Tr., 13 N. H. 478; Coffin v. Morrill, 22 N. H. 359); and on the death of the husband, living the wife, they survived to her. If, on the other…
2Cases cited1 opinion
- Whitaker v. WhitakerNew York Supreme Court · 1810
3Cited by1 opinion
- McDonough v. HaskellSupreme Court of New Hampshire · 1930