Claggett v. Hardy
Superior Court of New Hampshire
Debt upon a probate bond. The defendants were defaulted ; and the question was, for what sum execution should be awarded ; and this question depended upon the construction to be given to certain clauses in the will of Jonathan Hardy, deceased. Those clauses were as follow : “ Firstly. I give and bequeath unto my wife, &e. one “ third part of all my lands and buildings, the use and iiu- “ provement thereof, during her natural life.”
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Debt upon a probate bond. The defendants were defaulted ; and the question was, for what sum execution should be awarded ; and this question depended upon the construction to be given to certain clauses in the will of Jonathan Hardy, deceased. Those clauses were as follow : “ Firstly. I give and bequeath unto my wife, &e. one “ third part of all my lands and buildings, the use and iiu- “ provement thereof, during her natural life.” “ 1 give and bequeath one third part of my personal “ property to my wife.” “ Secondly. I order, that all my estate shall be equally “ divided among my children…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.*
The first question to be decided in this case is, what was the intention of the testator in relation to the legacy of $275 16, given to his daughter Clarissa Pierce. We have attentively examined the will, and are of opinion, that the intent was, that Clarissa should have the interest only of the $275 16 during her life, and that after her decease the principal sum should be divided among her children. The reasons, upon which we ground this opinion, we shall now endeavor to explain.
We think, that the proviso at the close of the Will was intended to apply as…
2Cases cited1 opinion
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Judge of Probate v. EmerySuperior Court of New Hampshire · 1833
- Weeks v. WeeksSuperior Court of New Hampshire · 1831
- Pierce v. DustinSuperior Court of New Hampshire · 1852
- Wells v. TylerSuperior Court of New Hampshire · 1852