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SYLVESTER v. NEWHALL

No. 4084.

97 N.H. 267 (1952)

JOSEPH S. SYLVESTER, JR., Ap't v. CHARLES B. NEWHALL, Ex'r & a, Ap'ees.

Supreme Court of New Hampshire.

January 2, 1952.

Attorney(s) appearing for the Case

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Louis E. Wyman orally), for the appellee Mary Carlyle Fitzgerald.

Nutter, McClennen & Fish, Robert D. Meserve and Harrison F. Lyman (all of Massachusetts), and Eliot U. Wyman (Mr. Meserve orally), for the appellee Charles B. Newhall, Executor.

Joseph A. Locke (of Massachusetts), McLane, Davis, Carleton & Graf and Stanley M. Brown (Mr. Brown orally), for the appellant Joseph S. Sylvester, Jr.

DUNCAN, J.

This probate appeal does not bring in question the requirement of the probate decree that one-half of the personal estate of Lucy S. Fitzgerald be distributed to trustees named in her will. Article fourth of the will provides for division by the trustees of one-half of the residue into "as many equal shares as there are children of mine living at my death and children of mine then deceased leaving issue then living" and it directs that each share so established...

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