Romprey v. Brothers

The task of determining the testator’s intent in this case is not easy as plausible and able arguments are marshalled for several views. However, the matter must be decided by a balance of probabilities as shown by the surrounding circumstances including the will itself. Osgood v. Vivada, 94 N. H. 222; Rowe v. Rowe, ante, 241, and cases cited. The questions to be answered appear to be as follows : When did the devise of the remainder vest, and to whom and in what proportions should it go? The trustee also desires instructions as to whether the assets shall be converted into cash or…