Miles v. Miles
Superior Court of New Hampshire
In equity. The bill alleges that on the 26th day of March, 1841, Reuben Miles of Madbury, father of the orator, Abraham Miles, made and published his last will and testament; and on the 7th of August, 1841, made and published a codicil to his will. That Reuben died in Madbury, on the 23d day of June, 1845, and on the 1st day of July, 1845, the will and codicil were duly proved and allowed.
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In equity. The bill alleges that on the 26th day of March, 1841, Reuben Miles of Madbury, father of the orator, Abraham Miles, made and published his last will and testament; and on the 7th of August, 1841, made and published a codicil to his will. That Reuben died in Madbury, on the 23d day of June, 1845, and on the 1st day of July, 1845, the will and codicil were duly proved and allowed. That Reuben, by his will, among other things, devised to his daughter, Betsey Meserve, wife of Joseph Meserve, now of Wilson’s Village, in the county of Niagara and State of New York, one half in common and…
1Opinion of the CourtEastman, J.
To the answer of Lydia Miles, the exception is taken that she has not answered and set forth whether the orator has reason to believe, and does believe, that the several defendants, naming them, intend to commit strip and waste on the premises devised by Reub.en Miles, and whether there is not an understanding, if not an express agreement among them for that purpose.
Upon looking into the bill, we do not find any particular *445interrogatory specifically interrogating the defendants upon this point. But in the general allegations of the bill, the charge is made as set forth in the exception. There…
2Cases cited10 opinions
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Woods v. MorrellNew York Court of Chancery · 1814
- Pettit v. CandlerCourt for the Trial of Impeachments and Correction of Errors · 1829
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1814
- Devereaux v. CooperSupreme Court of Vermont · 1839
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