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IN RE FARWELL ESTATE

No. 5250.

106 N.H. 61 (1964)

IN RE JOHN L. FARWELL ESTATE.

Supreme Court of New Hampshire.

Decided November 4, 1964.

Attorney(s) appearing for the Case

Leahy & Denault for the trustee, furnished no brief.

Sulloway, Hollis, Godfrey & Soden (Mr. James B. Godfrey orally), for Caroline W. Farwell, executrix of the will of Grosvenor Farwell.

Nighswander, Lord & Bownes and Conrad E. Snow (Mr. Snow orally), for Grosvenor Farwell, Jr.

Susan Bennett, pro se, furnished no brief.

KENISON, C.J.

It is argued by Grosvenor Farwell, Jr. that the will evidences a purpose to divide the estate among the heirs as they existed at the death of the life beneficiary, and that this purpose should be effectuated. Kimball v. Lancaster, 60 N.H. 264; Hardy v. Gage, 66 N.H. 552. Reliance is placed in part on item 5 of the will: "If any of my heirs should bring any action at law or in equity against my wife, as Trustee, for any losses...

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