French v. Lawrence
Supreme Court of New Hampshire
Petition, for a construction of the will of Gideon Hardy, which was proved June 24, 1884. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J. The defendants were duly served, but did not appear in the superior court.
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Petition, for a construction of the will of Gideon Hardy, which was proved June 24, 1884. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J. The defendants were duly served, but did not appear in the superior court. After a gift of all the residue of the estate to the testator’s wife, to be expended by her for her comfort and necessities as she might choose, the will contained the following: “ At my said wife’s decease, if any property is left after paying the funeral expenses and liabilities, I desire the same to be divided into four parts, one fourth to…
1Opinion of the CourtParsons, C. J.
In the absence of argument or brief from any of the parties to the proceeding, it is not impossible that the case may have been misunderstood. From the record on which the case has been submitted, it is inferred that all the property involved is real estate, as to which an administrator has ordinarily no duty to perform. Nothing is perceived, as the allegations of the petition are understood, to take the case out of the ordinary rule. The administrator is therefore advised that he has no duty to perform as to the partition of the remaining real estate between the legatees entitled.
It is not…
2Cases cited2 opinions
- Haynes v. CarrSupreme Court of New Hampshire · 1900
- Bailey v. McIntireSupreme Court of New Hampshire · 1902
3Cited by1 opinion
- Peck v. WatsonSupreme Court of Georgia · 1928