IN RE DEVIN ESTATE

No. 5601.

108 N.H. 190 (1967)

IN RE ETHEL W. DEVIN ESTATE.

Supreme Court of New Hampshire.

Decided June 30, 1967.


Attorney(s) appearing for the Case

Calderwood, Silverman & Ouellette (Mr. Raymond R. Ouellette orally), for the executrix as amicus curiae.

Burns, Bryant, Hinchey & Nadeau (Mr. Donald R. Bryant orally), for Elizabeth R. Frost estate.

Frank W. Peyser, guardian ad litem, filed no brief.


GRIMES, J.

The residuary clause is ambiguous in the light of the contingency which has occurred. "The testatrix's intention, proved by competent evidence, is her will, and is not to be defeated by rules of construction." Silsby v. Sawyer, 64 N.H. 580, 585. We determine that the will as a whole when read in the light of all the attending circumstances shows that the testatrix desired that the residue of her estate should be confined to the residuary legatees...

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