[Download] "Mary C. Burpee v. Roy M. Pickard" by Supreme Court of New Hampshire ~ Book PDF Kindle ePub Free
eBook details
- Title: Mary C. Burpee v. Roy M. Pickard
- Author : Supreme Court of New Hampshire
- Release Date : January 01, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The will made no provision for the Disposition of the residue of the estate after the death of the wife in the event that Forrest should predecease her leaving no issue. Since that contingency happened, the balance in the hands of the appellee, administrator, passes as intestate property. R. L., c. 360. White v. Weed, 87 N.H. 153; Heffenger v. Heffenger, 89 N.H. 530. The first argument in support of the Probate decree is that the fifth and seventh clauses of the will disclose an intent to disinherit Forrest at least conditionally. ""If testator does not dispose of the whole of his estate by his last will and testament, and such will contains negative words of exclusion, the great majority of states hold that such negative words cannot prevent property from passing under the statutes of descent and distribution."" 2 Page, Wills (1941 ed.) s. 929. This majority rule has been adopted in this state in Wells v. Anderson, 69 N.H. 561 , where it was decided that a bequest of ""one dollar and no more"" to an heir-at-law of the testator will not prevent him from taking his distributive share in property undisposed of by the will. See Loveren v. Donaldson, 69 N.H. 639, 640 and Upton v. White, 92 N.H. 221, 225. There is general agreement among commentators as to the validity and existence of this rule. Remsen, The Preparation of Wills and Trusts (2d ed.) 364; Rollison, Will Clauses Anno. (1946) 393. Accordingly the appellant is not deprived by the fifth and seventh clauses of the will from taking under the statute of descent and distribution.