In Re Devin Estate

The residuary clause is ambiguous in the light of the contingency which has occurred. “ The testatrix’s intention, proved by competent evidence, is her will, and is not to be defeated by rules of construction. ” Silsby v. Sawyer, 64 N. H. 580, 585. We determine that the will as a whole when read in the light of all the attending circumstances shows that the testatrix desired that the residue of her estate should be confined to the residuary legatees. We apply the class gift concept to effectuate her real purpose, even though the language of the residuary clause is not ordinarily calculated to…