Citation Numbers: 44 A. 528, 68 N.H. 376
Judges: Per Curiam.<footnote_reference>[fn*]</footnote_reference> <footnote_body><footnote_number>[fn*]</footnote_number> In this case and others for the same term in which the opinion is Per Curiam, the opinions prepared by Chief Justice Doe were after his death adopted by his surviving associates, and the judgments therein were announced by them at the adjourned law term held March 13, 1896. See; also, foot-note on page 22.</footnote_body>
Filed Date: 12/5/1895
Status: Precedential
Modified Date: 1/12/2023
Simon P. Towle left no "heirs" within the meaning of that word as used in the will of David. The expression, "his heirs," was not intended as a description of the estate devised to Simon P. If the testator had intended to devise to him a fee-simple title, or an estate that should vest in him, his heirs and assigns forever, no reason is apparent for the provision *Page 377
that in case of the death of Simon P. without heirs, the estate should pass "to his nearest akin by the name of Towle, or his nearest akin on the father's side." It is not to be presumed that no meaning was intended to be conveyed by these words. Sanborn v. Sanborn,
Judgment for the plaintiffs.
WALLACE, J., did not sit: the others concurred.