Merrill v. American Baptist Missionary Union
Supreme Court of New Hampshire
Bill in Equity, for an interpretation of Calvin Merrill’s will. Facts agreed, and ease transferred from the January term, 1905, of the superior court by Pike, J., without a ruling.
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Bill in Equity, for an interpretation of Calvin Merrill’s will. Facts agreed, and ease transferred from the January term, 1905, of the superior court by Pike, J., without a ruling. The plaintiffs are the four children of the testator named in the beginning of the clause requiring interpretation, which in substance reads as follows: “ I give, bequeath, and devise to my four children, John C. Merrill, Arthur W. Merrill, Hattie E. Ware, and Walter B. Merrill, the use, income, and occupancy of my coal-yard property [describing it], to them and their heirs forever, by their keeping the buildings…
1Opinion of the CourtChase, J.
The terms of the devise are: “1 give, bequeath, and devise to my four children [naming them] the use, income, and occupancy of my coal-yard property [describing it], to them and their heirs forever, by ” their doing the acts specified. The right to exercise and enjoy the use, income, and occupancy of material things constitutes ownership; and a conveyance of these powers over particular things is ordinarily a conveyance of the things themselves. “A devise of the income of lands is, in effect, a devise of the lands.” Reed v. Reed, 9 Mass. 372. See, also, Sampson v. Randall, 72 Me. 109; Hopkins…
2Cases cited8 opinions
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Reed v. ReedMassachusetts Supreme Judicial Court · 1812
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
- DeHaven v. ShermanIllinois Supreme Court · 1889
- Irwin v. WollpertIllinois Supreme Court · 1889
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3Cited by10 opinions
- Peters v. UelandSupreme Court of Minnesota · 1954
- In Re Trusteeship Created by FiskeSupreme Court of Minnesota · 1954
- In the Matter of JacksonSupreme Court of New Hampshire · 1977
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
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