MERCHANTS &C. BANK v. CURTIS

No. 4186.

98 N.H. 225 (1953)

MERCHANTS NATIONAL BANK v. DELANA B. CURTIS & a.

Supreme Court of New Hampshire.

May 27, 1953.


Attorney(s) appearing for the Case

McLane, Davis, Carleton & Graf and Wesley E. Whitney (Mr. Whitney orally), for Norwin S. Bean.

Warren, Wilson, Wiggin & Sundeen and Bartram C. Branch (Mr. Branch orally), for Marjorie Quirin.

Craig & Craig and Floyd Thorp for Charlotte H. Marshall, George E. Hill, Jr., Janet Hill Montague, Laban W. Bond, Charlotte J. Black, and Lillian Bond Lanois.

Charles H. Barnard and James A. Sayer, Jr. (Mr. Barnard orally), for Kalmar Francisco Shively.

George P. Cofran and Paul A. Rinden (Mr. Cofran orally), for Noyes F. Bond and Rufus F. Bond.


KENISON, C. J.

The question transferred in effect asks us to decide who is entitled to how much of what trust moneys. This question depends in part on whether clause sixth of the will violates the rule against perpetuities. At the threshold of the dispute, however, is the issue whether the construction of this will in the case of In re Harrington Estate, 97 N.H. 184, is res judicata of the present claim that clause sixth...

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