Dana v. Sanborn
Supreme Court of New Hampshire
Bill in Equity, by the surviving trustee under the will of Sliadracli Seavey, for the interpretation of tire will and directions as to the distribution of the estate. He devised the residue of his estate to his executors, in trust for the following purposes: First. To manage and carry on the estate. Second. To pay over the net income thereof to his son Gilbert during his life. Third.
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Bill in Equity, by the surviving trustee under the will of Sliadracli Seavey, for the interpretation of tire will and directions as to the distribution of the estate. He devised the residue of his estate to his executors, in trust for the following purposes: First. To manage and carry on the estate. Second. To pay over the net income thereof to his son Gilbert during his life. Third. “ After the decease of my said son, to hold said property for the benefit of his children who may survive him.” Fourth. “ In case my said son shall die without issue surviving him, or in ease all said children…
1Opinion of the CourtWallace, J.
It has recently been determined that under a devise to A for life, remainder to his children if any he has, and if he has none to B, B takes a vested remainder, subject to be divested by the birth of a child to A. Vandewalker v. Rollins, 63 N. H. 460; Cole v. Society, 64 N. H. 445, 457; Parker v. Ross, 69 N. H. 213. Here the testator devised the residue of his estate to his executors, to hold it in trust for the benefit of his son for life, remainder “ for the benefit of his children who may survive him,” and in case the son “ shall die without issue surviving him, or in case all. said…
2Cases cited3 opinions
- Parker v. RossSupreme Court of New Hampshire · 1897
- Vandewalker v. RollinsSupreme Court of New Hampshire · 1885
- Cole v. American Baptist Home Mission SocietySupreme Court of New Hampshire · 1887
3Cited by3 opinions
- Abbott v. LewisSupreme Court of New Hampshire · 1913
- Upton v. WhiteSupreme Court of New Hampshire · 1942
- McLane v. CrosbySupreme Court of New Hampshire · 1914