BURTMAN v. BUTMAN

No. 4080.

97 N.H. 254 (1952)

SAMUEL BURTMAN v. J. S. BUTMAN & a. Ex'rs.

Supreme Court of New Hampshire.

January 2, 1952.


Attorney(s) appearing for the Case

Upton, Sanders & Upton and Samuel Malinow (of Massachusetts) (Mr. Sanders orally), for the plaintiff.

Hughes & Burns and Donald R. Bryant (Mr. Bryant orally), for the defendants.


JOHNSTON, C. J.

The general rule is well established that a beneficiary who contests the will will forfeit his share in accordance with a provision in the will therefor. "(1) An otherwise effective condition precedent, special limitation, condition subsequent or executory limitation which is designed to prevent the acquisition or retention of a devised interest in land or in things other than land in the event of a contest...

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