Murdock v. Murdock

• Decision Date: 04 December 1906
• Citation: Murdock v. Murdock, 74 N. H. 77, 65 A. 392 (N.H. 1906)
• Parties: MURDOCK v. MURDOCK et al.
• Court: New Hampshire Supreme Court

65 A. 392

74 N.H. 77

MURDOCK

v. MURDOCK et al.

Supreme Court of New Hampshire. Rockingham.

Dec. 4, 1906.

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 takes more and he less than if she...