Law v. Alley

• Decision Date: 11 March 1892
• Citation: 67 N.H. 93,29 A. 636
• Parties: LAW et al. v. ALLEY et al.
• Court: New Hampshire Supreme Court

29 A. 636

67 N.H. 93

LAW et al.

v. ALLEY et al.

Supreme Court of New Hampshire. Strafford.

March 11, 1892.

Bill of interpleader by Henry Law and others, executors of the will of Edward Cocking, against Alice C. Alley and others, for instructions in the administration of their trust.Case discharged.

By his will, testator made sundry bequests, among which were bequests to his wife and sons by the following provisions: "I also give and bequeath unto my said wife, Alice, one-half of the income of all my estate, both real and personal, not including the homestead, or what is or may be otherwise disposed of.I also give and bequeath unto my said wife, Alice, the sum of two hundred dollars a year, to be paid annually by my executors, out of the principal, as long as she shall live; and at the decease of my said wife I give and bequeath the income of whatever remains of the principal unto my sons, Charles R. Cocking and Edward H. Cocking, in equal shares, or to the survivor of them.* * * I give and bequeath unto my sons Charles R. Cocking and Edward H. Cocking, in equal shares, or to the survivor of them, the income of one-half of my estate, both real and personal; not including my homestead, or whatever is or may be otherwise disposed of during their natural lives.I also give and bequeath to my said sons the sum of two hundred dollars a year, to be paid annually, in equal shares, by my executors, out of the principal, during their natural lives, or to the survivor of them."The testator disposes of the residue of his estate by the following provisions: "After the decease of my said wife, Alice, and of my said sons, Charles R. Cocking and Edward H. Cocking, if neither of my said sons leave any child or children, what shall then remain of my estate, whether real or personal, one-half of the same I give, bequeath, and devise to Frederick W. Preston, son of ...