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AMOSKEAG TRUST CO. v. PRESTON

No. 5497.

107 N.H. 330 (1966)

AMOSKEAG TRUST COMPANY & a. v. PEARLE W. PRESTON & a.

Supreme Court of New Hampshire.

Decided July 29, 1966.

Attorney(s) appearing for the Case

Wiggin, Nourie, Sundeen, Nassikas & Pingree for the plaintiffs, filed no brief.

Booth, Wadleigh, Langdell, Starr & Peters (Mr. William J. Starr, Jr. orally), for the defendants Smith and Davison.

Devine, Millimet, McDonough, Stahl & Branch and John S. Holland (Mr. Holland orally), for the defendant Pearle W. Preston.

BLANDIN, J.

The sole question is whether the testatrix, Medora Elliott, by her use of the word "issue" in her will executed May 22, 1928 intended to include a child adopted on June 11, 1937 by her daughter Laura, after the testatrix's death on October 27, 1929. Ever since 1842, the statutory definition has been that "The word `issue,' as applied to the descent of estates shall include all the lawful lineal descendants of...

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