Supreme Court of New Hampshire, 1914

McLane v. Crosby

McLane v. Crosby
Supreme Court of New Hampshire · Decided November 4, 1914 · Young
92 A. 333; 77 N.H. 596; 1914 N.H. LEXIS 190

McLane v. Crosby

Opinion of the Court

*597 Young, J.

The beneficiary having died, the trust fund is to be distributed in accordance with the provisions of the third clause of the will. In that clause the testatrix says she gives this fund “in equal portions” to her five brothers, naming them, “or their lawful heirs. ” If this language is given its ordinary meaning ( and there is nothing to show that that was not the testatrix’s intention), the trust fund is to be divided into five “equal portions,” and one of these portions distributed to the “lawful heirs” of each of her five brothers. Dana v. Sanborn, 70 N. H. 152.

Case discharged.

All concurred.

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