McIntire v. McIntire

Supreme Court of New Hampshire

McIntire v. McIntire

15 A. 218, 64 N.H. 609

CourtSupreme Court of New Hampshire

DecidedJune 5, 1888

StatusPublished

Cited by3 cases

This text of 15 A. 218 (McIntire v. McIntire) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McIntire v. McIntire, 15 A. 218, 64 N.H. 609 (N.H. 1888).

Pincite

Opinion

Bingham, J.

Every child or issue of a child of a deceased testator not named or referred to in his will, and who is not a devisee *610 or legatee, shall be entitled to the same portion of the estate, both real and personal, as he would have been had the deceased died intestate. G. L., c. 193, s. 10; Gage v. Gage, 29 N. H. 533 : Farnum v. Bryant, 34 N. H. 9.

In such a case, if the property not devised or bequeathed shall be insufficient to satisfy the just share of the child, after allowing the advancements received by him, the insufficiency shall be con- ' tributed in just proportion from the property devised or bequeathed. G. L., c. 193, s. 11. The rights of the appellant are independent of the will, and are not affected by it.

Exception overruled.

Carpenter, J., did not sit: the others concurred.

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Bingham, J.

Every child or issue of a child of a deceased testator not named or referred to in his will, and who is not a devisee *610 or legatee, shall be entitled to the same portion of the estate, both real and personal, as he would have been had the deceased died intestate. G. L., c. 193, s. 10; Gage v. Gage, 29 N. H. 533 : Farnum v. Bryant, 34 N. H. 9.

In such a case, if the property not devised or bequeathed shall be insufficient to satisfy the just share of the child, after allowing the advancements received by him, the insufficiency shall be con- ' tributed in just proportion from the property devised or bequeathed. G. L., c. 193, s. 11. The rights of the appellant are independent of the will, and are not affected by it.

Exception overruled.

Carpenter, J., did not sit: the others concurred.

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Bluebook (online)

15 A. 218, 64 N.H. 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintire-v-mcintire-nh-1888.

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