Clough v. Clough
Supreme Court of New Hampshire
The eirst two cases are appeals by residuary legatees, from tbe allowance by tbe probate court of tbe account of Henry W. Clougb, surviving executor of tbe will of Charles H. Clougb. The third case is a petition by Ellen M. Clougb, for a construction of tbe will and for a decree for tbe payment of a legacy. Tbe cases were tried together, and transferred from tbe April term, 1901, of the superior court by Peaslee, J. ■ Charles II.
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The eirst two cases are appeals by residuary legatees, from tbe allowance by tbe probate court of tbe account of Henry W. Clougb, surviving executor of tbe will of Charles H. Clougb. The third case is a petition by Ellen M. Clougb, for a construction of tbe will and for a decree for tbe payment of a legacy. Tbe cases were tried together, and transferred from tbe April term, 1901, of the superior court by Peaslee, J. ■ Charles II. Clough, the testator, was formerly a small manufacturer in Concord, and gave up business and removed to East Concord about 1885. His immediate family then consisted…
1Opinion of the Court
The language of the first clause of the will presents no ambiguity. The testator, desiring to provide amply for the support of his wife, gave her an estate for life in his entire estate, with the right, if her comfortable support should require it, to use a part or all of the property for that purpose, provided she should remain unmarried. Upon the decease of the testator a life estate in the Green-street house vested in her, which was liable to be defeated by her remarriage. As she did not remarry, her title to that property was not defeated; and as it was not required for the payment of the…
2Cases cited5 opinions
- Langley v. FarmingtonSupreme Court of New Hampshire · 1891
- Sanborn v. SanbornSupreme Court of New Hampshire · 1882
- Burleigh v. CloughSupreme Court of New Hampshire · 1872
- Tilton v. TiltonSupreme Court of New Hampshire · 1900
- Hall v. HallSuperior Court of New Hampshire · 1853
3Cited by5 opinions
- Vance v. AthertonCourt of Appeals of Kentucky (pre-1976) · 1934
- Frost v. WingateSupreme Court of New Hampshire · 1906
- Kelley v. KenistonSupreme Court of New Hampshire · 1934
- Concord Nat'l Bank v. Trustees Uwo HillSupreme Court of New Hampshire · 1973
- Donovan v. SmithSupreme Court of New Hampshire · 1923