Hayward v. Spaulding
Supreme Court of New Hampshire
Petition, for achdee as to the execution of the avüI of Jonathan Spaulding. Transferred from the September term, 1907, of the superior court by Peaslee, J. The will contains the following clause: “At the decease of my said wife, or in case of her marriage after my decease,T give, bequeath, and devise all the property in her hands and possession at the time of the happening of either event in equal shares to the ■children of my two sons, Charles A. Spaulding and Albert M.…
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Petition, for achdee as to the execution of the avüI of Jonathan Spaulding. Transferred from the September term, 1907, of the superior court by Peaslee, J. The will contains the following clause: “At the decease of my said wife, or in case of her marriage after my decease,T give, bequeath, and devise all the property in her hands and possession at the time of the happening of either event in equal shares to the ■children of my two sons, Charles A. Spaulding and Albert M. Spaulding, and their heirs forever.” The will gave the widow the estate for life, with the right to use the principal if…
1Opinion of the CourtParsons, C. J.
At his decease the testator left a widow and two sons. Neither of the sons then had, or had had, children. Under the provisions of his will, a child of either of the two sons living at the testator’s death would haAe taken an interest in the real estate, defined under the terms of the common laiv as a vested remainder, the vesting of which would have opened to let in after-born children, while such interest might have been destroyed by the consumption of the estate in the necessary support of the widow. As there was no child in existence when the will took effect, the gift over was to a…
2Cases cited7 opinions
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Parker v. RossSupreme Court of New Hampshire · 1897
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- Campbell v. Clough & A.Supreme Court of New Hampshire · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ryder v. LyonSupreme Court of Connecticut · 1912
- Abbott v. LewisSupreme Court of New Hampshire · 1913
- In Re Estate of CurtisSupreme Court of Vermont · 1937
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
- In Re the Estate of SoesbeWashington Supreme Court · 1961
9 more not listed; retrieve them via the Exa API.