Penhallow v. Kimball
Supreme Court of New Hampshire
Bill in Equity, filed March 2, 1882. Facts agreed. Frances M. Penhallow, the plaintiff, who brings this bill by James T. Drown, her guardian, is the widow of Oliver W. Penhallow, deceased. The defendants are the executors of the will of Harriet L. Penhallow, deceased, who was the only child of Oliver W. by a former wife. Oliver W. died testate in July, 1873, leaving real and personal estate.
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Bill in Equity, filed March 2, 1882. Facts agreed. Frances M. Penhallow, the plaintiff, who brings this bill by James T. Drown, her guardian, is the widow of Oliver W. Penhallow, deceased. The defendants are the executors of the will of Harriet L. Penhallow, deceased, who was the only child of Oliver W. by a former wife. Oliver W. died testate in July, 1873, leaving real and personal estate. The plaintiff is now about sixty-eight years of age, and the annual expense of supporting and caring for her is about the sum of five hundred dollars. Harriet L. Penhallow was appointed her guardian, June…
1Opinion of the CourtSmith, J.
Upon the death of Oliver W. Penhallow, in 1873, the plaintiff, as his widow, had her election to accept the provisions made for her in his will, or, waiving such provisions, to take her distributive share in his estate. No laches can be imputed to her on account of the delay in filing this bill, for she has been incapable of making an election since the decease of her husband by reason of her mental condition. The prayer of the bill is, that the court will elect for her to take her distributive share in the estate of her husband.
At common law it has always been held that a lunatic cannot…
2Cases cited8 opinions
- Collins v. CarmanCourt of Appeals of Maryland · 1853
- Atherton v. CorlissMassachusetts Supreme Judicial Court · 1869
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Welch v. AndersonSupreme Court of Missouri · 1859
- Andrews v. HallSupreme Court of Alabama · 1848
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3Cited by5 opinions
- Mead v. PhillipsCourt of Appeals for the D.C. Circuit · 1943
- Edwards v. EdwardsSupreme Court of Florida · 1958
- In Re GUARDIANSHIP and CONSERVATORSHIP OF Helen Louise DURAND, Ward/Protected PersonSupreme Court of Minnesota · 2015
- Horner v. ReynoldsSupreme Court of New Hampshire · 1911
- McDonough v. HaskellSupreme Court of New Hampshire · 1930