Merrill v. Sanborn
This text of 2 N.H. 499 (Merrill v. Sanborn) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The question in this case is, whether the testator omitted the mention of Mrs, Merrill in his will by-design, or through forgetfulness and mistake? She was one of seven grand-children, the children of the testator’s only son. The testator mentions two of her brothers ami her father ; on what ground are we to presume that the testator omitted the other five children of his only son through forgetfulness ? We are of opinion, that there is no ground for such a presumption. It is incredible that he should have passed over five out of seven grand-children through forget[501]*501fulness. The case of Wilder vs. Goss. (14 Mass. Rep. 357,) is directly in point. 1 Mass. Rep. 146.—2 ditto 570.—3 ditto 17.
Judgment for the tenants.
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2 N.H. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-v-sanborn-nhsuperct-1822.