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MERCHANTS NAT. BANK v. BERRY

No. 4687.

101 N.H. 496 (1959)

MERCHANTS NATIONAL BANK OF MANCHESTER, Trustee v. HENRY F. BERRY & a.

Supreme Court of New Hampshire.

Decided January 30, 1959.

Attorney(s) appearing for the Case

Booth, Wadleigh, Langdell, Starr & Peters for the plaintiff, furnished no brief.

Wiggin, Nourie, Sundeen, Nassikas & Pingree (Mr. Wiggin orally), for George Berry Hamilton, individually, as administrator of Mary Hamilton and as representative of Joan and Cynthia, his minor daughters.

Joseph J. Betley, pro se, guardian ad litem, furnished no brief.

Herbert W. Rainie for New Hampshire Association for the Blind, furnished no brief.

Ernest R. D'Amours, Director of Charitable Trusts (by brief and orally), pro se.

Upton, Sanders & Upton and Wesley E. Whitney (Mr. Whitney orally), for First Congregational Church of Pittsfield.

LAMPRON, J.

Arthur D. Berry one of the five named legatees in said paragraph XIII (b) died before the testator leaving as his sole heir in the descending line his son Richard F. Berry. It was held in Merchants &c. Bank v. Berry, 93 N.H. 388, 392, that Richard was entitled to the sum of $10,000 and "that he be given also a part of the income of five-sixths of the residue of the estate after the sum of $50...

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