Marston v. Carter
Superior Court of New Hampshire
Foreign attachment. The disclosure of Moses Hook, the supposed trustee, set forth, that at the time of the service of the writ upon him he had in his possession certain household furniture, part of which was returned as attached on the writ, and which was left with him, for storage, by Joshua B. Carter, the principal defendant — that he had been informed, and believed, that the property was bequeathed to said Carter’s wife, by the will of her father, Jacob Hook, a copy of…
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Foreign attachment. The disclosure of Moses Hook, the supposed trustee, set forth, that at the time of the service of the writ upon him he had in his possession certain household furniture, part of which was returned as attached on the writ, and which was left with him, for storage, by Joshua B. Carter, the principal defendant — that he had been informed, and believed, that the property was bequeathed to said Carter’s wife, by the will of her father, Jacob Hook, a copy of which was annexed to the disclosure. By this will the testator gave to his wife, Sarah B. Hook, among other things, all…
1Opinion of the CourtParker, C. J.
If, as contended by the plaintiff’s counsel, the limitation over in the will of Jacob Hook, to the children of Mrs. Carter, was void, on account of its tendency to create a perpetuity, it might perhaps admit of argument whether the bequest to the first taker, Mrs. Hook, was not absolute, so that on her decease the property would go to her administrator. Perhaps, however, the reason of the rule avoiding the perpetuity might, in this case, permit the property to pass to Mrs. Carter, and vest the absolute interest in her.
It is not necessary to consider this matter, because the limitation over to…
2Cases cited3 opinions
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- Stibbins v. StibbinsCourt of Appeals of Kentucky · 1858
- Weeks v. WeeksSuperior Court of New Hampshire · 1831
3Cited by9 opinions
- Tebbetts v. TiltonSuperior Court of New Hampshire · 1855
- Coffin v. MorrillSuperior Court of New Hampshire · 1851
- Cutter v. ButlerSuperior Court of New Hampshire · 1852
- French v. HatchSuperior Court of New Hampshire · 1854
- Pierce v. DustinSuperior Court of New Hampshire · 1852
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