Stevens v. Underhill
Supreme Court of New Hampshire
Bill in Equity by the plaintiff, as executor of the will of Frederick B. Underhill, for instructions as to what portion of the estate each of the legatees is entitled to receive under the following provisions of the will: “ First, I give and bequeath unto my beloved wife, Sarah A. Underhill, the sum of twenty-five hundred dollars, as a token of my appreciation of her care and kindness to me in my sickness.
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Bill in Equity by the plaintiff, as executor of the will of Frederick B. Underhill, for instructions as to what portion of the estate each of the legatees is entitled to receive under the following provisions of the will: “ First, I give and bequeath unto my beloved wife, Sarah A. Underhill, the sum of twenty-five hundred dollars, as a token of my appreciation of her care and kindness to me in my sickness. I also give, devise, and bequeath unto my said wife one third part of the residue and remainder of all my estate, to have and to hold the same to her and her heirs forever, including all my…
1Opinion of the CourtBlodgett, J.
The end to be attained in interpreting a will is to effectuate the testator’s intention as indicated by the weight of competent evidence, which is not required to come from any given source, or to be of any given weight, if it is relevant to the issue. “ The whole will must be taken together, and such construction be put upon it as will carry into effect the purposes the testator had in view” (Claggett v. Hardy, 3 N. H. 147, 151); and this construction does not depend upon the order of sentences, or the part of the instrument where qualifying or restrictive words are found. Drew v. Drew, 28…
2Cases cited4 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Phelps v. RobbinsSupreme Court of Connecticut · 1873
- Willcox v. BeecherSupreme Court of Connecticut · 1858
- Baxter v. BaxterMassachusetts Supreme Judicial Court · 1877
3Cited by10 opinions
- McDougald v. LowCalifornia Supreme Court · 1912
- In re the Estate of HartungNevada Supreme Court · 1916
- Pettee v. Omega Chapter of Alpha Gamma RhoSupreme Court of New Hampshire · 1934
- Thaw EstateSupreme Court of Pennsylvania · 1964
- Marvin v. PeirceSupreme Court of New Hampshire · 1930
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