Fales v. Currier
Supreme Court of New Hampshire
In equity. The bill is as follows: “ George Fales, Joshua Blood, and Hannah Blood, wife of said Joshua Blood, all of Pepperell in the county of Middlesex, and Charles Wilson and Clara Wilson, wife of said Charles Wilson, both of Boston in the county of Suffolk, all of the commonwealth of Massachusetts, and John M. Barber, Mary M. Barber, wife of said John M. Barber, Hiram Barber and Lucy A. Barber, wife of said Hiram Barber, all of Canaan in the county of Grafton and state…
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In equity. The bill is as follows: “ George Fales, Joshua Blood, and Hannah Blood, wife of said Joshua Blood, all of Pepperell in the county of Middlesex, and Charles Wilson and Clara Wilson, wife of said Charles Wilson, both of Boston in the county of Suffolk, all of the commonwealth of Massachusetts, and John M. Barber, Mary M. Barber, wife of said John M. Barber, Hiram Barber and Lucy A. Barber, wife of said Hiram Barber, all of Canaan in the county of Grafton and state of New Hampshire, complain against John Currier, of said Canaan, and saj7, that one Joseph BarÜett, late of Canaan, now…
1Concurrence
The word "children" is a word of purchase, as much as would be the word parents or brothers. If there had been children living at the time of the grant, they would probably have taken as tenants in common with their mother; but as there were then no children, the true construction of the deed seems to be that Polly Bartlett took an estate for life, with remainder to the children. Paine v. Wagner, 12 Sim. 184.
In the recent case of Cole v. The Lake Company, 54 N.H. 242, it was held that in this state a fee might pass by deed, where the language used, in its natural and popular signification,…
2Cases cited3 opinions
- Cole v. Lake Co.Supreme Court of New Hampshire · 1874
- Burnham v. AyerSupreme Court of New Hampshire · 1857
- Humphreys v. GuillowSuperior Court of New Hampshire · 1843