155 A. 256
Supreme Court of New Hampshire Coos.
Decided June 2, 1931.
PETITION, for the construction of a will. The plaintiff, Amos L. Brown, is trustee under the will of Frank D. Page, late of Whitefield. The clause in question reads as follows: “Third. I give, bequeath and devise all the residue of my estate, real and personal, in trust, the use and income thereof to go to my wife, Lura H. Page, during her natural life, and on and after the termination of her estate, I give and devise the remainder of my estate in equal shares to my brothers and sisters, then living and their heirs: . . .”
The testator died November 22, 1923, and was survived by his wife, Lura H. Page, and six brothers and sisters. The widow lived until September 8, 1930, and during her lifetime one brother and one sister of the testator died, each leaving a grandchild. The prayer of the petition is that the will be construed “with respect to the rights of the brothers and sisters and their heirs therein.”
Transferred without ruling by Oakes, J.
Edgar M. Bowker, for the trustee.
Stanton Owen, for the other plaintiffs.
Ira W. Thayer, for the defendants, furnished no brief.
Per Curiam.
The language of the will here involved is much clearer than that which was recently construed in the case of Marvin v. Peirce, 84 N.H. 455, and in view of the conclusions there reached extended discussion of the question now raised would be unprofitable.
The trustee is advised that the brothers and sisters of the testator who were living at the death of Lura H. Page became the sole owners in equity of the trust estate, which should be distributed among them in equal shares. The grandchildren of the brother and sister of the testator who died during the lifetime of the said Lura H. Page take nothing.
Case discharged.
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