Murdock v. Murdock

Decision Date04 December 1906
Citation65 A. 392,74 N.H. 77
PartiesMURDOCK v. MURDOCK et al.
CourtNew Hampshire Supreme Court

Transferred from Superior Court; Chamberlain, Judge.

Petition by Frederick W. Murdock, guardian of Carrie L. Murdock, against John C. Murdock and others, for partition. Trial by the court and decree for plaintiff. Transferred from the superior court on exception by defendant John C. Murdock. Exception overruled.

Lydia A. Murdock died seised of the premises of which partition is sought. The only persons interested in the property are John C. Murdock, the decedent's husband, and Lena C. Yeaton, her daughter by a former marriage, who are the defendants, and Carrie L. Murdock, the plaintiff's ward and an adopted daughter of John and Lydia, who had no issue. John claimed an estate by the curtesy, and for that reason excepted to the denial of his motion to dismiss the petition.

Edwin B. Weston, for plaintiff. John G. Crawford, for defendants.

YOUNG, J. If the language of section 9, chapter 195, Pub. St 1901, is given its ordinary meaning—and there is nothing to show that the Legislature intended to give it any other meaning—John is not entitled to an estate by the curtesy. Foster v. Marshall, 22 N. H. 491. Although the fact that their adopted child...

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4 cases
  • In re Book's Will
    • United States
    • New Jersey Supreme Court
    • October 25, 1918
    ...relation of parents and children, be deemed the child of the parents by adoption. It reaffirmed its determination in Murdock v. Murdock, 74 N. H. 77, 65 Atl. 392, that the statutory adoption of a child did not invest the husband with the common-law right of curtesy. It distinguished Moran v......
  • Thompson v. Kidder
    • United States
    • New Hampshire Supreme Court
    • December 4, 1906
  • Morse v. Osborne
    • United States
    • New Hampshire Supreme Court
    • June 7, 1910
    ...of a child was not intended to invest the husband with the common-law right of curtesy. It was so held in a recent case. Murdoch v. Murdock, 74 N. H. 77, 65 Atl. 392. In 1862 the widow's share in her husband's estate, in addition to homestead and dower, depended in part upon whether or not ......
  • Clark v. Clark
    • United States
    • New Hampshire Supreme Court
    • January 7, 1913
    ...adoption of a child is not an equivalent for the birth of issue in determining the rights of a surviving husband or wife. Murdock v. Murdock, 74 N. H. 77, 65 Atl. 392; Morse v. Osborne, 75 N. H. 487, 77 Atl. 403, 30 L. R. A. (N. S.) 914, Ann. Cas. 1912A, 324. But these cases are not determi......

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