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WHITE v. CORINTHIAN LODGE

No. 4453.

100 N.H. 138 (1956)

IRA H. WHITE, Ex'r v. CORINTHIAN LODGE & a.

Supreme Court of New Hampshire.

Decided March 29, 1956.

Attorney(s) appearing for the Case

Samuel A. Holmgren for the executor, furnished no brief.

Perkins & Dowst and Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the Epsom school district and Russell S. Yeaton and Henry Dowst, Jr., members of the Epsom school board.

Sleeper & Mullavey (Mr. Mullavey orally), for Cynthia Gilbert Roberts, Constance Gilbert Smith, Gloria Gilbert and Wesley E. Gilbert, heirs-at-law.

Charles J. Griffin for Thomas Rand and Richard Rand, heirs-at-law, furnished no brief.

George P. Cofran and Paul A. Rinden (Mr. Rinden orally), for Hiram Chapter No. 24, R. A. M.

GOODNOW, J.

Whether the Epsom school district is entitled to the bequest made to "the proposed Central School of Epsom, N. H. if built, or in the process of being built" depends upon the construction to be given to the will now before us.

The construction of a will is governed by the intention of the testator which is a question of fact. Osgood v. Vivada, 94 N.H. 222, 224. This question was submitted...

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