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ROBERTS v. TAMWORTH

No. 3883.

96 N.H. 223 (1950)

GEORGE W. ROBERTS, Ex'r v. TAMWORTH & a.

Supreme Court of New Hampshire.

May 2, 1950.

Attorney(s) appearing for the Case

Burnham B. Davis, for the plaintiff, filed no brief.

Rupert F. Aldrich (of Maine) and Varney, Levy & Winton (Mr. Aldrich orally), for legatees, Everts and Roscoe Mayberry.

Benjamin L. Berman (of Maine) and Arthur J. Reinhart, for legatee, Giola Page.

The remaining defendants pro se joined in the prayer for the construction of the will or entered no appearances.

KENISON, J.

The will contains twenty-two clauses and names thirty-three as legatees or substituted legatees. The language of the will and the fact that an attesting witness was an attorney indicate that the draftsman was familiar with legal terms (Mulvanity v. Nute, 95 N.H. 526) and "the principle of lapse of legacies." Franklin Nat. Bank v. Gerould, 90 N.H. 397, 398. Thus four clauses of the will...

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