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74 N.H. 77

65 A 692

Murdock v. Murdock

Supreme Court of New Hampshire

Decided December 4, 1906

Supreme Court of New Hampshire · decided 1906-12-04

Petition nor Partition. Trial by the court and decree for the plaintiff. Transferred from the April term, 1906, of the superior court by Chamberlin, J'. Lydia A. Murdock died seized of the premises of which partition is sought.

Cited by 3 later decisions — most recently October 1918

3 state decisions

Relies on Foster v. Marshall

Good law ✅— No negative treatment on recordhow we know

Decided 1906-12-04

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Young, J.

¶1 If the language of section 9, chapter 195, Public Statutes, 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 were their own child may have .some tendency to prove that he ought to have such an estate, it has no tendency to prove that the legislature intended to give it to him, for he takes the same share of his wife’s estate that he would if they had not adopted Carrie. P. S., c. 195, s. 12.

¶2 Exception overruled.

All concurred.
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