Brewster v. Mack
Supreme Court of New Hampshire
Bill in Equity, for the construction of the will of John Made. After making bequests of small value to his children, the testator-provided as follows: “ Fifth — I give, bequeath and devise unto-my wife, Janet Mack, the use and income of all the rest and remainder of all property of which I may die possessed, for. and during her natural life, the same to be in lieu of her claim to-dower, homestead, and distributive share out of my estate, and from and after the decease of my…
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Bill in Equity, for the construction of the will of John Made. After making bequests of small value to his children, the testator-provided as follows: “ Fifth — I give, bequeath and devise unto-my wife, Janet Mack, the use and income of all the rest and remainder of all property of which I may die possessed, for. and during her natural life, the same to be in lieu of her claim to-dower, homestead, and distributive share out of my estate, and from and after the decease of my said wife, I give, bequeath and devise all my said property of which T may die possessed, in five equal shares, unto my…
1Opinion of the CourtParsons, J.
If the will gave to the Eddie child who died before the testator one tenth of the estate to such child as an individual, then the legacy lapsed, there being no heirs in the descending line. P. S., c. 186, s. 12; Goodwin v. Colby, 64 N. H. 401. If, however, the gift to the Eddie grandchildren was to them as a class of one fifth of the estate, then only the survivors of the class take, and the Eddie child surviving the testator became entitled to the whole fifth share. Campbell v. Clark, 64 N. H. 328, 330; Hall v. Smith, 61 N. H. 144; Swallow v. Swallow, 166 Mass. 241. In the latter view, the…
2Cases cited1 opinion
- Swallow v. SwallowMassachusetts Supreme Judicial Court · 1896
3Cited by5 opinions
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- In re the Trusteeship under the Last Will & Testament of BellSupreme Court of Minnesota · 1920
- Snow v. DurginSupreme Court of New Hampshire · 1899
- Estate of SpoonerWisconsin Supreme Court · 1920
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938