Heffenger v. Heffenger

The testatrix could have disposed by will of' the interest which she had in the estate of her grandmother, (Flanders v. Parker, 80 N. H. 566, 568, 569, and cases cited), but in our opinion she failed to do so. We base this conclusion upon a consideration of the will and the competent evidence of the circumstances under which it was drawn. It appears in the agreed statement of facts that the testatrix knew of the existence of the remainder interest created by the will of her grandmother and it also there appears that she knew of her participation in that interest. Yet, with these facts in…