IN RE FALCONER ESTATE

No. 5874.

109 N.H. 460 (1969)

IN RE CORA P. FALCONER ESTATE.

Supreme Court of New Hampshire.

Decided June 30, 1969.


Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green and Alan L. Reische (Mr. Reische orally), for Clayton W. Priest.

Calderwood, Silverman & Ouellette and Laurence E. Kelly (Mr. Raymond R. Ouellette orally), for Dorothy A. Falconer.

Wadleigh, Langdell, Starr, Peters & Dunn (Mr. Theodore Wadleigh orally), for estate of William Falconer.


KENISON, C. J.

The primary question in this case is whether gifts to be paid from the residue of an estate to nephews of the testatrix' husband, at the latter's decease, lapse because the nephews predeceased the husband, although they survived the testatrix. Although the briefs of counsel speak in terms of the nephews' interest as being vested on the one hand or contingent on the other hand, they all recognize that the pivotal question is whether the will contains...

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