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FOLEY v. ELLIOT COMMUNITY HOSPITAL

No. 4199.

98 N.H. 186 (1953)

FRANK JAMES FOLEY v. ELLIOT COMMUNITY HOSPITAL & a.

Supreme Court of New Hampshire.

May 5, 1953.

Attorney(s) appearing for the Case

Howard B. Lane, McLane, Davis, Carlton & Graf and Stanley M. Brown (Mr. Brown orally), for the plaintiff.

Francis W. Johnston, Orr & Reno, Philip H. Faulkner, N. Michael Plaut and Homer S. Bradley (Mr. Orr orally), for the defendants.

KENISON, C. J.

In this state the applicable law relative to the necessary proof to establish irrevocable mutual wills is set forth in Boyle v. Dudley, 87 N.H. 282 and Knox v. Perkins, 86 N.H. 66, 70, 71. The fact that husband and wife "made mutual wills is not in itself evidence of an agreement not to revoke them. 1 Jarman, Wills (7th ed.), p. 44. `The vital question is, Was it agreed by them that the wills should remain irrevocable...

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