GOWING v. LAING

No. 3968.

96 N.H. 364 (1950)

JOSIE A. GOWING, Indiv. and as Adm'x v. ROBERT C. LAING, G'd'n & a.

Supreme Court of New Hampshire.

December 5, 1950.


Attorney(s) appearing for the Case

Upton, Sanders & Upton and J. Leonard KillKelley (Mr. Richard F. Upton orally), for the plaintiff.

Robert C. Laing, pro se.

Sullivan & Gregg and Hamblett, Griffith & Moran (Mr. Sullivan and Mr. Hamblett orally), for the defendant John T. Hogan, executor and trustee.


JOHNSTON, C. J.

The questions transferred in substantial effect present the issue whether there is any legal machinery whereby provisions of the will of John J. Hogan may now be waived.

The privilege that a widow has of waiving the provisions of her deceased husband's will in her favor and so acquiring certain other property and rights in his estate is stated in R. L., c. 359, ss. 10, 11. In the case of a mentally incompetent widow the same rights...

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