Mulvanity v. Nute

Because of the language used, it is certain that the testamentary clause under consideration did not create an estate in common. R. L., c. 259, s. 17.

An estate in joint tenancy in fee with the right or incident of survivorship was established unless the devise should be construed as a gift to the son and the sister as joint tenants for life, with remainder in fee to the survivor. Burns v. Nolette, 83 N. H. 489, 496; 48 C. J. S. 929; 33 Am. Jur. 467, 468.

The language of Mrs. Mulvanity’s will and the fact that the second and the third attesting witnesses were lawyers indicate that the draftsman…