George v. Green
Superior Court of New Hampshire
Petition for Partition. It appeared in this case that Moses Green, the father of the petitioner, made his will on the thirtieth day of March, 1829. After bequeathing certain legacies to his two daughters, he made his son, Aaron Green, his residuary legatee, and appointed him executor of his will.
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Petition for Partition. It appeared in this case that Moses Green, the father of the petitioner, made his will on the thirtieth day of March, 1829. After bequeathing certain legacies to his two daughters, he made his son, Aaron Green, his residuary legatee, and appointed him executor of his will. In the month of May, 1835, the testator, as executor of the will of one Daniel Poor, who formerly owned the premises of which, partition is prayed, sold them under a license, to one Nicholas Chandler, who, in the month of September of that year, conveyed them to the testator. In the year 1838 the…
1Opinion of the CourtGilchrist, J.
The argument of the counsel for the defendant rests upon the grounds, that the reason why a will cannot operate to transfer lands acquired after its date, is that a will is considered as a conveyance ; that in general a deed does not convey lands of which the grantor is not possessed at the time: but that in this state a conveyance of land by one out of possession will pass his interest therein; and that, by parity of reasoning, a devise in this state will operate to pass lands of which the devisor is not seized, and in which he had no interest at the time of the execution of the will.…
2Cases cited5 opinions
- Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
- Willard v. TwitchellSuperior Court of New Hampshire · 1818
- Hadduck v. WilmarthSuperior Court of New Hampshire · 1830
- Whittemore v. BeanSuperior Court of New Hampshire · 1832
- Brown v. BrownSuperior Court of New Hampshire · 1835
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