Merrill v. Sanborn

Decided September 15, 1822

Superior Court of New Hampshire · decided 1822-09-15

A testator among other descendants left seven grand-children, the children of a deceased son ⅞ in his will, he mentioned two of these grand-children, and also their father ; it was held that the presumption of law was, the other five grandchildren were not omitted through forgetfulness.

Good law ✅— No negative treatment on recordhow we know

Decided 1822-09-15

How this case has been cited

Cited by 8 later decisions — most recently November 1982

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the court.

¶1The 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*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.

¶2Judgment for the tenants.