Edgerly v. Barker
Supreme Court of New Hampshire
[Copy of the Will.] Be it known that I, Hiram Barker of Farmington, in the County of Strafford and State of New Hampshire, do make and publish this my last will and testament in manner following:— First — T give and bequeath to Fannie S. Cooper, daughter of Gilman Cooper of Wolfeboro, in the County of Carroll in said State, the sum of three thousand dollars.
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[Copy of the Will.] Be it known that I, Hiram Barker of Farmington, in the County of Strafford and State of New Hampshire, do make and publish this my last will and testament in manner following:— First — T give and bequeath to Fannie S. Cooper, daughter of Gilman Cooper of Wolfeboro, in the County of Carroll in said State, the sum of three thousand dollars. Second — I also give and bequeath to Martha E. Hayes, daughter of Reuben Hayes, Junior, late of Madbury, in said County of .Strafford, tlie sum of two thousand dollars. Third — I also give and bequeath to Frank P. Barker, son of Eleazor…
1Opinion of the CourtDoe, C. J.
The construction of the will, including the question whether the testator intended the remaindei-, which he devised to his grandchildren, should vest iix them before they became entitled to a distribxxtion of it, is determined as a question of fact by competent evidence, axxd not by rules of law. Rice v. Society, 56 N. H. 191, 197, 198, 203; Brown v. Bartlett, 58 N. H. 511; Kimball v. Lancaster, 60 N. H. 264; Goodale v. Mooney, 60 N. H. 528, 534, 535 ; Sanborn v. Sanborn, 62 N. H. 631, 643 ; Kennard v. Kennard, 63 N. H. 303, 310; Bodwell v. Nutter, 63 N. H. 446; Kimball v. Bible Society, 65…
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