GOVE v. CROSBY

No. 4267.

98 N.H. 469 (1954)

GROVER C. GOVE v. R. WAYNE CROSBY, Adm'r d. b. n., & a.

Supreme Court of New Hampshire.

Decided February 18, 1954.


Attorney(s) appearing for the Case

Willoughby A. Colby (by brief and orally), for the plaintiff.

R. Wayne Crosby and Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Wadleigh orally), for the defendant.


GOODNOW, J.

The plaintiff's principal exception requires a determination of the meaning to be given to the words "living apart" as used in R. L., c. 359, s. 19, which reads as follows: "If, at the time of the death of either husband or wife, the decedent is justifiably living apart from the surviving husband or wife because such survivor was or had been guilty of conduct which constitutes cause for divorce, such guilty survivor shall not be entitled...

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