TUNIS v. DOLE

No. 4125.

97 N.H. 420 (1952)

ROBERTS TUNIS Ex'r v. VIRGINIA H. DOLE & a.

Supreme Court of New Hampshire.

July 1, 1952.


Attorney(s) appearing for the Case

Sulloway, Piper, Jones, Hollis & Godfrey and Irving H. Soden for the executor, filed no brief.

Philip H. Faulkner and George R. Hanna (Mr. Hanna orally), for Malcolm Strachan.

McLane, Davis, Carleton & Graf (Mr. John R. McLane, Jr. orally), for Rosamond H. Whitney and Henry O. Houghton.

Howard B. Lane (by brief and orally), for Virginia H. Dole and Alexander W. Dole.

Francis G. Moulton (by brief and orally), for John Hawes and Ellen Hawes.


KENISON, C. J.

I. The first sentence of the eighth item of the will gives the executor the right to select certain articles of personal property to be his absolutely. However, this is followed by a statement of confidence on the part of the testatrix that the executor will select articles which she may indicate by memorandum or otherwise and that the executor will dispose of them in accordance with her wishes as expressed...

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