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61 N.H. 369

Braley v. Simonds

Supreme Court of New Hampshire

Decided December 5, 1881

Supreme Court of New Hampshire · decided 1881-12-05

Writ ok Entry. The plaintiffs are the heirs at law of Jesse Braley. The defendant claims under a deed from the administrator of Jesse Braley’s estate. April 8, 1874, Jesse conveyed the demanded premises to J ames and Exelia Braley, upon condition that the deed should be void if he should support James and Exelia, and the survivor of them, during their natural lives. James died January 5, 1875; Jesse, July 24, 1875; and Exelia, February 16, 1876.

Decided 1881-12-05

*370 Carpenter, J.

¶1 The condition of the deed having been fully-performed, the unincumbered fee in the demanded premises was at the date of the license vested in the administrator under the statute, for the purpose of selling the same to pay the debts of the deceased. The fee did not pass to the defendant, because the administrator was not authorized to sell, and did not undertake to sell or to convey it; the right to redeem from the deed of April 3, 1874, or to perform its condition, did not pass, because no such right existed. What remedies the defendant may have is a question not raised by the case.

¶2 Exceptions overruled.

Stanley, J., did not sit: the others concurred.
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