63 N.H. 35 | N.H. | 1884
The plaintiff seeks to recover a legacy of four hundred dollars given her in the codicil to her husband's will, and for a decree that it is a charge upon the land devised to the defendant. The defendant denies these positions, and insists that, even if they are sound, the plaintiff cannot maintain a bill in equity to recover the legacy. The defendant took the residue of the testator's estate, after the payment of the debts and legacies, and this legacy thereby became a charge upon the land. Piper v. Piper,
It is unnecessary to consider whether the plaintiff has a remedy at law, for, whether she has or not, this bill may be maintained. The plaintiff is entitled to the decree ordered at the trial term.
Exceptions overruled.
ALLEN, J., did not sit: the others concurred. *37