Day v. Washburn
Supreme Court of New Hampshire
Bill in Equity, praying that an. instrument proved and allowed as the last will of Orson Day be declared null and void, and for the specific performance of a certain contract entered into by Orson and the plaintiff. Trial by the court.
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Bill in Equity, praying that an. instrument proved and allowed as the last will of Orson Day be declared null and void, and for the specific performance of a certain contract entered into by Orson and the plaintiff. Trial by the court. Transferred from the September term, 1910, of the superior court by Chamberlin, J. The bill was originally brought against Fred W. Washburn, administrator of the estate of Edgar A. Washburn, and William Kimball, claimants under the will of Orson. By agreement of the parties, Wilbur F. Smith was appointed administrator with the will annexed of the estate of…
1Opinion of the CourtParsons, C. J.
Upon competent evidence, the testimony of the plaintiff having been excluded and not considered, the court has found that the deceased, Orson Day, in consideration of services to be performed by the plaintiff, agreed, among other things, to leave her all his property by his last will at his decease. This was a contract which the deceased had the power to make and which in default of performance by him could be enforced against his administrator. Peterborough Savings Bank v. Hartshorn, 67 N. H. 156; Clements v. Marston, 52 N. H. 31, 39; Parsell v. Stryker, 41 N. Y. 480, 487. The contract was…
2Cases cited1 opinion
- Parsell v. . StrykerNew York Court of Appeals · 1869
3Cited by11 opinions
- Roy v. PosCalifornia Supreme Court · 1920
- Goodwin Railroad v. StateSupreme Court of New Hampshire · 1986
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Ledingham v. BaylessCourt of Appeals of Maryland · 2001
- Lapierre v. CabralSupreme Court of New Hampshire · 1982
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