Hall v. Smith
Supreme Court of New Hampshire
Bill in Equity, for instructions to an executor. W. H. Smith, deceased, by his will, gave,— Third. To his executor, in trust, $4,000, the income to be paid to his wife for life, then to his three sons, Charles W., Winthrop, and Albert W., for their lives and the life of the survivor, then the $4,000 to his legal heirs then living. Fourth.
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Bill in Equity, for instructions to an executor. W. H. Smith, deceased, by his will, gave,— Third. To his executor, in trust, $4,000, the income to be paid to his wife for life, then to his three sons, Charles W., Winthrop, and Albert W., for their lives and the life of the survivor, then the $4,000 to his legal heirs then living. Fourth. To his executor, in trust, his homestead rea] estate, to be occupied in four tenements, — one by his wife, and one by each of his three sons, — and if not occupied by them, the net income from rents to be paid to them and the survivor of them for life, and…
1Opinion of the CourtCarpenter, J.
The legacy of $4,000 under the third clause does not fail by reason of the widow’s waiver of the provisions of the will, but goes to the next in succession. Yeaton v. Roberts, 28 N. H. 459; Brown v. Brown, 43 N. H. 17. The two surviving sons take the income during their lives, and the survivor of them during his life. It is given to the sons as a class, and the whole income is taken by those living at the time of the testator’s death. Campbell v. Rawdon, 18 N. Y. 412.
Under the fourth clause, tbe widow having taken under the statute one third of the homestead, the surviving sons and the…
2Cases cited2 opinions
- Campbell v. . RawdonNew York Court of Appeals · 1858
- Stedman v. PriestMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Loveren v. EatonSupreme Court of New Hampshire · 1921
- Snow v. DurginSupreme Court of New Hampshire · 1899
- Frost v. WingateSupreme Court of New Hampshire · 1906
- In re Estate of DumasSupreme Court of New Hampshire · 1977
- Sumner v. American Home Missionary SocietySupreme Court of New Hampshire · 1887