In Re Estate of Sayewich

This is an appeal from an order disallowing certain claims made by the plaintiffs in the estate of their mother, Sophia Sayewich. The issues raised relate to the construction of the terms of a will, and whether subdivision approval is necessary to give effect to testamentary devises of parcels of real property.

Proceedings in the probate court resulted in the certification of questions of fact and law to the superior court pursuant to RSA 567-A:10 (Supp. 1979). Jury trial was waived and a hearing was held before a Master (Keller, C.J.), who found that the real estate passed to the devisees…