JOHN K. COLONY & a.
v.
JOHN J. COLONY & a. Trustees.
Supreme Court of New Hampshire.https://leagle.com/images/logo.png
July 1, 1952.
July 1, 1952.
Attorney(s) appearing for the Case
James I. Hines, A. James Casner and Paul V. Rutledge of Massachusetts (Mr. Casner orally), for Paul V. Rutledge, adm'r d. b. n., w. w. a. of Kate Colony Frye.
Sulloway, Piper, Jones, Hollis & Godfrey (Mr. Godfrey orally), for John J. Colony, Jr. and Ernest W. Johnson, co-executors of will of George T. Colony.
Hamblett, Griffith, Moran & Hamblett (Mr. Charles K. Hamblett orally), for Ethel M. Aspin, Doris M. Hall, Marjorie R. McQuesten, Edna D. Winslow and Dorothy A. Plett.
Howard B. Lane, Joseph A. Locke and Roger P. Stokey of Massachusetts (Mr. Stokey and Mr. Lane orally), for Murray S. Colony, James Colony, Frank H. Colony and Eleanor W. Colony.
McLane, Davis, Carleton & Graf, Stanley M. Brown and Tyler & Reynolds of Massachusetts, Choate, Hall & Stewart of Massachusetts (Mr. Brown orally), for Karl Adams and Katherine Adams Heard.
Devine & Millimet (Mr. Millimet orally), for Louise Colony Johnson.
William H. Watson and William H. Watson, Jr. (Mr. Wm. H. Watson orally), for Wm. H. Watson as guardian ad litem and as attorney for Davis Ellsworth Clarkson.
Arwe & Arwe (Mr. Henry C. Arwe orally), for Laurence D. Colony, Jr.
Upton, Sanders & Upton (Mr. Richard F. Upton orally), for John J. Colony and Horatio Colony.
Howard W. Robbins, James D. Dow and Howard S. Whiteside all of Massachusetts (Mr. Dow orally), for John K. Colony and Donald G. Colony.
Philip H. Faulkner and N. Michael Plaut (Mr. Plaut orally), for Alfred T. Colony.
Homer S. Bradley, guardian ad litem for the allowance of trustees' account, pro se, furnished no brief.
Jarlath Slattery, guardian ad litem against the allowance of trustees' account, pro se, furnished no brief.
Arthur Olson, for Ruth Cutter, Harriette M. Creedon, Ruby Bills Fuller and Elizabeth Kennedy, furnished no brief.
Edgar L. Ryerson of Massachusetts, for Stuart C. Hymers, adm'r of Mary L. Hymer's estate.
Roy M. Pickard, for trustees, furnished no brief.
Supreme Court of New Hampshire.
LAMPRON, J.
The main issues before us for decision are the following, viz; (1) Julia, the testator's daughter, having died "leaving no children or lineal descendants" who is entitled to the five thousand dollar bequests made to testator's brothers Henry and George Colony; (2) Julia having so died and none of testator's brothers Timothy, Henry, George and Horatio being alive at her decease, as of what time are their heirs and those of Alfred (a
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