IN THE MATTER OF SHIRLEY ESTATE

No. 7690.

117 N.H. 922 (1977)

IN THE MATTER OF JOHN M. SHIRLEY ESTATE.

Supreme Court of New Hampshire.

November 16, 1977.


Attorney(s) appearing for the Case

Hall, Morse, Gallagher & Anderson, of Concord (Mr. Mayland H. Morse, Jr., orally), for Kearsarge Masonic Associates.

Tesreau & Dashbach, of Lebanon, and Robert J. Piampiano (Mr. Piampiano orally), for residuary beneficiaries.


DOUGLAS, J.

The issue in this case is one of determining the intention of the testator, John M. Shirley, as disclosed by his self-drafted will. We find that it was the design of the testator to benefit the Kearsarge Masonic Associates whether or not the sum found in the list of "borrowings" attached and made a part of the will was in fact collected from his son, Robin Shirley.

In contention is the residuary clause of the testator's will, providing as follows...

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