Carpenter v. Hatch

CourtSupreme Court of New Hampshire
Writing for the CourtCARPENTER, J.
PartiesCARPENTER v. HATCH et al.
Decision Date19 July 1888
15 A. 219
64 N.H. 573

CARPENTER
v.
HATCH et al.1

Supreme Court of New Hampshire. Cheshire.

July 19, 1888.


Appeal by the defendants from a decree of the judge of probate allowing the will and codicil of Silas Kendall. The issues as to each instrument were (1) that the testator was not of sound mind; (2) that he was induced to execute the instrument by undue influence of the plaintiff, Mason A. Carpenter, and of other legatees; (3) that the will and codicil were executed by the testator without reading or knowing their contents. The will was executed July 14, 1886, and the codicil September 4, 1886. The testator was never married. He died September 9, 1886, at the age of 80. The two defendants, his nephews, are his only heirs at law. By his will, the testator gave to the defendants the promissory notes which he held against them,—those of John T. amounting, with interest, to about $1,700, and those of Joseph K. to about $1,500. The remainder of his estate, amounting to about $3,500, he gave as follows: To the First Baptist Society in Nashua, $700; to the Baptist Church in Tyngsborough, Mass., $500; to Orlando J. Davis, $300; to George E. Davis, $400; to Charles W. Carpenter, $200; to Leon S. Carpenter, $100; to Diantha Carpenter, $700; to Susan J. Poole, $200; and by the codicil made his executor, the plaintiff, residuary legatee. Kendall in early life labored for Mial Davis, and lived in his family at Tyngsborough, and afterwards at Nashua, and attended the Baptist churches at those places. George E. is the son of Orlando J., the grandson of Mial Davis. From the spring of 1885 until his death Kendall lived in the family of Emma L. Carpenter, the widow of Charles L. Carpenter. He was during this time, by reason of his infirmities, unable to leave the house. July 14, 1886, both legs and the right arm were paralyzed. September 4, 1886, the other arm became paralyzed, and he died of chronic paralysis. Mrs. Carpenter's family consisted of Charles W. and Leon S. Carpenter, her minor sons; Warren and Diantha Carpenter, the parents of her deceased husband, and Susan J. Poole, her mother. Warren Carpenter and Kendall were cousins. Mason

15 A. 220

A. Carpenter is the husband of Emma L. Carpenter's sister. Subject to the defendants' exception, testimony was received that Mial Davis acted as deacon of the Baptist church at Tyngsborough, and was one of the most active members of the church, and that Kendall, when he lived in Tyngsborough, attended that church, and sat with Davis and his family in their pew; and that he acted as guardian of Orlando J. Davis after his father's death. No letters of guardianship or record of his appointment as guardian were produced. Declarations of Diantha and Charles W. Carpenter, against their interest, were offered by the defendants and excluded. Ednah Hatch testified that prior to July, 1885, she and her deceased husband examined Kendall's bank-books, railroad stocks, notes, and mortgages; that she called off the amount of the securities to her husband, who set them down on a paper, added them up, and told her what the total amount was; that she did not add up the figures, nor "follow him in her mind." She was then asked to state the footing announced by her husband. The paper is lost. The evidence was excluded, and the defendants excepted. Emma L. Carpenter was permitted to testify, subject to the defendants' exception, that in her opinion Kendall was of sound mind in the summer of 1886. A witness called by the defendants testified to the execution of a will by Kendall in November, 1885, and, on cross-examination, that "Kendall enumerated his bank-books and the notes he had, and stated how old they were, and how long since interest had been paid. It made an impression on my mind. He spoke of his relatives, and of the Davis family, with which he had been connected. He seemed to have in mind as well as anybody his property, and what he...

To continue reading

Request your trial
21 practice notes
  • Krischbaum v. Dillon, No. 89-1585
    • United States
    • United States State Supreme Court of Ohio
    • March 13, 1991
    ...615; Barnes v. Bess (1938), 171 Va. 1, 197 S.E. 403. Contra: Conner v. Brown (1938), 39 Del. 529, 3 A.2d 64; Carpenter v. Hatch (1888), 64 N.H. 573, 15 A. 219; In re Gold's Estate (1962), 408 Pa. 41, 182 A.2d 707. See, generally, Carmen v. Kight (1911), 85 Kan. 18, 116 P. 231; Griffith v. D......
  • Weber v. Chicago, Rock Island & Pacific Railway Co., 28053
    • United States
    • United States State Supreme Court of Iowa
    • March 19, 1915
    ...v. Wood, 44 Vt. 378; Lowry v. Moss, 32 S.C. L. 63, 1 Strob. 63; Buchanan v. Moore, 10 S. & R. (Pa.) 275; Carpenter v. Hatch (N. H.), 64 N.H. 573, 15 A. 219; Baker v. Taylor (Minn.), 54 Minn. 71, 55 N.W. 823; Fitch v. Chapman, 10 Conn. 8; Humes v. O'Bryan, 74 Ala. 64. In some of the cases, t......
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...117 N.Y. 71, 22 N.E. 455; People v. Downs, 123 N.Y. 558, 25 N.E. 988; Tiffany v. Commonwealth, 121 Pa. St. 165, 6 Am. St. Rep. 775, 15 A. 219; Rudy v. Commonwealth, 128 Pa. St. 500, 18 A. 344; Commonwealth v. McKie, 1 Gray, 61, 61 Am. Dec. 410; People v. Coughlin, 65 Mich. 704, 32 N.W. 905;......
  • Weber v. Chi., R. I. & P. Ry. Co., No. 28053.
    • United States
    • United States State Supreme Court of Iowa
    • March 19, 1915
    ...16 Vt. 560;Miller v. Wood, 44 Vt. 378;Lowry v. Moss, 1 Strob. (S. C.) 63; Buchanan v. Moore, 10 Serg. & R. (Pa.) 275; Carpenter v. Hatch, 64 N. H. 573, 15 Atl. 219;Baker v. Taylor, 54 Minn. 71, 55 N. W. 823;Fitch v. Chapman, 10 Conn. 8;Humes v. O'Bryan, 74 Ala. 64. In some of the cases the ......
  • Request a trial to view additional results
21 cases
  • Krischbaum v. Dillon, No. 89-1585
    • United States
    • United States State Supreme Court of Ohio
    • March 13, 1991
    ...615; Barnes v. Bess (1938), 171 Va. 1, 197 S.E. 403. Contra: Conner v. Brown (1938), 39 Del. 529, 3 A.2d 64; Carpenter v. Hatch (1888), 64 N.H. 573, 15 A. 219; In re Gold's Estate (1962), 408 Pa. 41, 182 A.2d 707. See, generally, Carmen v. Kight (1911), 85 Kan. 18, 116 P. 231; Griffith v. D......
  • Weber v. Chicago, Rock Island & Pacific Railway Co., 28053
    • United States
    • United States State Supreme Court of Iowa
    • March 19, 1915
    ...v. Wood, 44 Vt. 378; Lowry v. Moss, 32 S.C. L. 63, 1 Strob. 63; Buchanan v. Moore, 10 S. & R. (Pa.) 275; Carpenter v. Hatch (N. H.), 64 N.H. 573, 15 A. 219; Baker v. Taylor (Minn.), 54 Minn. 71, 55 N.W. 823; Fitch v. Chapman, 10 Conn. 8; Humes v. O'Bryan, 74 Ala. 64. In some of the cases, t......
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...117 N.Y. 71, 22 N.E. 455; People v. Downs, 123 N.Y. 558, 25 N.E. 988; Tiffany v. Commonwealth, 121 Pa. St. 165, 6 Am. St. Rep. 775, 15 A. 219; Rudy v. Commonwealth, 128 Pa. St. 500, 18 A. 344; Commonwealth v. McKie, 1 Gray, 61, 61 Am. Dec. 410; People v. Coughlin, 65 Mich. 704, 32 N.W. 905;......
  • Weber v. Chi., R. I. & P. Ry. Co., No. 28053.
    • United States
    • United States State Supreme Court of Iowa
    • March 19, 1915
    ...16 Vt. 560;Miller v. Wood, 44 Vt. 378;Lowry v. Moss, 1 Strob. (S. C.) 63; Buchanan v. Moore, 10 Serg. & R. (Pa.) 275; Carpenter v. Hatch, 64 N. H. 573, 15 Atl. 219;Baker v. Taylor, 54 Minn. 71, 55 N. W. 823;Fitch v. Chapman, 10 Conn. 8;Humes v. O'Bryan, 74 Ala. 64. In some of the cases the ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT