Drake v. True
Supreme Court of New Hampshire
Bill in Equity, for tbe construction of the will of Sarah M. Sanborn, of whose estate .the plaintiff is the administrator with the will annexed.
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Bill in Equity, for tbe construction of the will of Sarah M. Sanborn, of whose estate .the plaintiff is the administrator with the will annexed. Facts found, and case transferred from the April term, 1903, of the superior court, by Stone, J. The will is dated November 9, 1892, and there are two codicils, dated respectively November 20, 1893, and June 17, 1896. The testatrix died October 27, 1902. At the date of the will and prior to March, 1899, she owned twenty shares of the capital stock of the National Mechanics and Traders Bank of Portsmouth. In March, 1899, the bank reduced its capital…
1Opinion of the CourtWalker, J.
1. As the testatrix was the owner of twenty shares of the stock of the National Mechanics and Traders Bank when she made her will, it is more probable than otherwise that she intended, in her bequests to her two nephews of ten shares each of the stock of that bank, to dispose specifically of the stock she then owned.. A finding that she gave them twenty shares of that stock generally, whether she happened to be the owner of any at her decease or not, could only be supported by evidence which is not disclosed by the case. As she had but ten shares at her decease, the two nephews, whom she made…
2Cases cited1 opinion
- Trustees of Unitarian Society v. TuftsMassachusetts Supreme Judicial Court · 1890
3Cited by14 opinions
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Jewell v. AppolonioSupreme Court of New Hampshire · 1909
- Harvey v. HarveySupreme Court of New Hampshire · 1904
- Nashua Trust Co. v. BurkeSupreme Court of New Hampshire · 1930
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