Sumner v. American Home Missionary Society
Supreme Court of New Hampshire
Bill in Equity, by the administrator of the estate of Samuel Bartlett, not before administered upon, with the will annexed, asking for a construction of the will. The testator devised to his wife the sole use, improvement, and income of all his real estate of which he should die seized, during her natural life, without impeachment of waste, remainder as follows: “ Third.
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Bill in Equity, by the administrator of the estate of Samuel Bartlett, not before administered upon, with the will annexed, asking for a construction of the will. The testator devised to his wife the sole use, improvement, and income of all his real estate of which he should die seized, during her natural life, without impeachment of waste, remainder as follows: “ Third. After the decease of my said wife I order my executor to sell for the most he can get, at private sale or at public auction, as he may judge most for the benefit of those persons interested all my real estate and from the…
1Opinion of the CourtSmith, J.
The only, question is, whether the sum of $800.69, proceeds of the sale of the real estate devised in the third clause, belongs to Samuel B. Sumner, or is to be shared by him equally with the defendant society.
The testator may be presumed to have supposed his real estate would be worth at least $2,000 at the end of the life estate. If the proceeds had been just $2,000, his intention is clearly expressed that they be equally divided between two legatees. The proceeds being less, there is nothing in the will from which it can be inferred that he intended the deficiency should fall upon one…
2Cases cited1 opinion
- Hall v. SmithSupreme Court of New Hampshire · 1881