60 N.H. 439 | N.H. | 1881
The will was not made invalid because one of the subscribing witnesses subsequently became the husband of the testatrix. It was sufficient if he was a credible witness at the time of the execution of the will. Lord v. Lord,
It is provided by statute (G. L., c. 193, s. 14) that "No will or clause thereof shall be revoked unless by some other valid will or codicil, or by some writing executed in the same manner, or by cancelling, tearing, obliterating, or otherwise destroying the same by the testator, or by some person by his consent and in his presence." Section 15 of the same chapter is, that "The preceding section shall not control or affect any revocation of a will, implied by law, from any change in the circumstances of the testator, or his family, devisees, legatees, or estate, occurring between the time of making the will and the death of the testator." In this case there was no revocation by a subsequent valid will or codicil, nor by a writing executed like a will, nor by cancelling, tearing, or obliterating. It does not appear from the case that there was any destruction of the will by the testator. The fact that it was found among worthless papers, in an insecure place, "in the fourth drawer of an old bureau," while the valuable papers of the testatrix were kept by her in a place of greater security, was evidence of inattention and carelessness about the instrument, and perhaps of abandonment. Revocation must include the intention of the testator, but mere intention without some act is not effective to destroy a will. 2 Jar. Wills 129, 130, 131; 1 Red. Wills 331, 332; Mundy v. Mundy,
At common law a married woman had no power to dispose of real estate by will, nor of personal estate, except by the consent of her husband given at the time, and continued till the probate of the will. 2 Jar. Wills 129; 1 Red. Wills 21, 22, 23; Tucker v. Inman, 4 M. G. 1049, 1076; Marston v. Norton,
Decree affirmed.