In re Estate of Treloar

The petitioner, William S. Hall, the executor of the Estate of Josiah James Treloar, Jr., appeals an order of the Merrimack County Probate Court (Hampe, J.) declaring the respondents, Andrew and Peter Merrill, to be pretermitted heirs. See RSA 551:10 (1997). We affirm.

In 1986, the testator, Josiah James Treloar, Jr., executed a will that left his estate to his wife. In the event that his wife predeceased him, the testator left a parcel of real estate to his daughter, Evelyn Treloar Merrill, another parcel to his son, Rodney J. Treloar, and the rest of his estate to Evelyn, Rodney and another…