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IN RE MOONEY ESTATE

No. 4061.

97 N.H. 187 (1951)

IN RE ANNIE HODSDON MOONEY ESTATE.

Supreme Court of New Hampshire.

November 6, 1951.

Attorney(s) appearing for the Case

Cooper, Hall & Cooper, for the executor, filed no brief.

Vincent P. Clarke and Pierre Belliveau of Boston, Massachusetts (Mr. Clarke orally), for Morgan Memorial.

Alfred Gardner and James W. Perkins of Boston, Massachusetts (Mr. Gardner orally), for the Deaconess Hospital.

Sulloway, Piper, Jones, Hollis & Godfrey for Franklin, N. H. Orphan's Home, filed no brief.

Rev. G. Bennett Buskirk for Preacher's Aid Society of N. H. Conference of Methodist Church, filed no brief.

Murchie & Cofran (Mr. Cofran orally), for N. H. Conference of the Methodist Church.

BLANDIN, J.

The issue which we believe is properly before us (In re Harrington Estate, decided this day) is whether the testatrix intended the five named legatees in the residuary clause of her will to share equally, or whether she wished the New Hampshire Conference of the Methodist Church to receive twice as much as any of the others. "The question is one of fact to be established by the ordinary test of a balance of probabilities. . . . It is not necessary...

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