CHISHOLM v. BRADLEY

No. 4286.

99 N.H. 12 (1954)

RAYMOND CHISHOLM, App't v. HOMER S. BRADLEY, Adm'r w.w.a. of the estate of Orin N. Hussey, App'ee.

Supreme Court of New Hampshire.

Decided April 21, 1954.


Attorney(s) appearing for the Case

Cooper, Hall & Cooper (Mr. Burt R. Cooper orally), for the appellant.

Homer S. Bradley, administrator, appellee, pro se, furnished no brief.

George S. Willard (of Maine) for the appellee Kathleen Lord Guignard.

Frank W. Peyser, guardian ad litem of the appellee Cora Lord, furnished no brief.


DUNCAN, J.

The fact that the residuary clause of the will identified as "daughters of my deceased sister," the testator's three nieces named therein is not sufficient to establish that the nieces were to take a one-fifth share of the residue as representatives of their deceased mother. Cuthbert v. Laing, 75 N.H. 304; Farmer v. Kimball, 46 N.H. 435. The will plainly provided the residue should go in "equal shares, unto my sisters [naming...

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