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CONCORD NAT'L BANK v. TRUSTEES U.W.O. HILL

No. 6486.

113 N.H. 490 (1973)

CONCORD NATIONAL BANK & a., TRUSTEES UNDER WILL OF EWING HILL v. EDWARD LEWIS HILL & a.

Supreme Court of New Hampshire.

September 28, 1973.

Attorney(s) appearing for the Case

Sulloway, Hollis, Godfrey & Soden (Mr. James B. Godfrey orally) for Concord National Bank and Edward Lewis Hill, trustees under will of Ewing Hill, petitioners.

Perkins, Holland, Donovan & Beckett (Mr. William H. M. Beckett orally) for Ewing Hill Buysse and George A. P. Oliver, petitionees.

McLane, Carleton, Graf, Greene & Brown and Arthur G. Greene (Mr. Greene orally) for Franklin K. Hill, Elizabeth Hill, Edward Lewis Hill, and Joyce M. Hill Atkinson, petitionees.

Orr and Reno and Richard B. Couser (Mr. Couser orally) for Michael H. Holmes, petitionee, and John W. Holmes and Title Insurance & Trust Company of Los Angeles as trustees, intervenors.

GRIFFITH, J.

Ewing Hill, Jr., died without issue on April 11, 1948, leaving a will dated June 5, 1944, and a codicil dated November 28, 1945. The residuary clauses contained in both the will and the codicil provided for alternative dispositions in the event that the residuary estate did, or did not, exceed $100,000. The parties stipulate that the residuary estate did exceed that amount and, therefore, only those provisions which are applicable will be considered....

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