Summary
In Jackson v. Piscataqua Savings Bank, 70 N.H. 283, [ 47 A. 613], it was held a bank-book showing deposits in the name of Nathaniel Jackson, Jr., where testator had retained the book in his possession till death, and did not by making the deposit intend a gift, did not pass by a bequest of "certain books marked with his name," there being found three ordinary books marked "Nathaniel Jackson."
Summary of this case from Estate of JeffreysOpinion
Decided June, 1900.
A bequest to a grandson of "certain books marked with his name" will not include a bank-book so inscribed, when it appears that the deposit evidenced thereby was not intended as a gift, that other books were found which answered the description, and that other clauses of the will made substantial provision for the legatee.
BILL IN EQUITY, praying that a deposit standing in the name of Nathaniel Jackson, Jr., be decreed to be a part of the testator's estate.
Nathaniel Jackson, the testator, had a son Nathaniel, who died in 1876, leaving a son Nathaniel, who is one of the defendants. Between 1882 and 1887, the testator deposited money in the defendant bank, in the name of Nathaniel Jackson, Jr. He did not intend by so doing to make a gift, and retained the bank-book until his death in 1898. His son was known as Nathaniel Jackson, Jr., and after his decease the defendant Nathaniel was so known until 1883. The ninth clause of the will is as follows: "I give and bequeath to my grandson Nathaniel Jackson my watch, one revolver, one fowling-piece, and certain books marked with his name and in the house in which I reside." The gun, watch, and revolver were of little value. Three books of no substantial value, marked "Nathaniel Jackson," were found in the testator's house. By other clauses, he gave considerable property to the defendant Nathaniel, and a portion of the estate is not disposed of by the will.
The court ordered that the bank pay the deposit to the plaintiff, and the defendant Nathaniel excepted.
Samuel W. Emery, for the plaintiff.
Page Bartlett, for the defendants.
The defendant Nathaniel claims that the deposit was given to him under the description "certain books marked with his name," but the evidence fails to sustain the claim. The clause in which this expression occurs is one by which the testator gave articles of no value except as family remembrances. It calls for books, not one book only; and if it should be held that this is a book, it does not answer the description, for the testator had more than one in mind. The arguments that the testator must have intended to give something of value, and that the will is to be so construed as to avoid intestacy, have little weight, for by other clauses he gave Nathaniel considerable property, and upon any construction of the will died intestate as to a portion of his estate.
Exception overruled.
YOUNG, J., did not sit: the others concurred.