Merchants National Bank v. Berry

Only the rights of parties as they are presently entitled to have them enforced against the trustee will be considered. Gafney v. Kenison, 64 N. H. 354, 357; Gale v. Gale, 85 N. H. 358, 361. There are two principal questions: to what is Richard F. Berry entitled, and what belongs to Trust Fund No. 4 because of the death of Mabel R. Berry without heirs in the descending line prior to that of the testator?

“ In the absence of any clear evidence tending to show a purpose of intestacy the presumption is that she intended that all of her estate should pass by her will.” Clyde v. Lake, 78 N. H. 322,…