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IN RE MERRILL ESTATE

No. 5239.

106 N.H. 99 (1964)

IN RE ABNER L. MERRILL ESTATE.

Supreme Court of New Hampshire.

Decided December 30, 1964.

Attorney(s) appearing for the Case

Sanderson & Dudley (Mr. Thomas M. Dudley, Jr. orally), for the trustees.

Paul V. Brown, Jr. (by brief and orally), for Ruth M. Dunham.

Perkins, Holland & Donovan (Mr. Robert B. Donovan orally), for Ann B. Messick.

LAMPRON, J.

The source of this proceeding is a second codicil to the will of Abner L. Merrill in replacement of article "FOURTH" of his will.

Article "FOURTH" read as follows: "I give and bequeath to my Trustees hereinafter named and to their successors the sum of thirty thousand dollars, to invest and keep invested in real estate or some good securities, and after deducting the necessary expenses on account of the same to pay over to my

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