TRUSTEES OF PROTESTANT EPISCOPAL CHURCH v. DANAIS

No. 5674.

108 N.H. 347 (1967)

TRUSTEES OF THE PROTESTANT EPISCOPAL CHURCH v. ROBERT DANAIS, Director.

Supreme Court of New Hampshire.

Decided November 30, 1967.


Attorney(s) appearing for the Case

Edward F. Gage (by brief and orally), for the plaintiffs.

Norman E. D'Amours, Assistant Attorney General (by brief), for the defendant.

Alvah C. Drake, guardian ad litem, filed no brief.


GRIFFITH, J.

The petition alleges that the plaintiffs acquired a tract of land with the buildings thereon under the codicil of the will of Caroline E. Harris dated August 10, 1887 by devise reciting as follows:

"I give, bequeath and devise to the Trustees of the Protestant Episcopal Church in New Hampshire, a corporation existing under the laws of said State, my dwelling house and land situate on Elliot Street in said Exeter, said house to be used as a rectory...

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