In re Estate of Jones

(By special assignment under RSA 490:3). On petition by the Society for the Protection of New Hampshire Forests, the Probate Court, Strafford County (Galanes, J.) certified and transferred to the supreme court the following questions of law pursuant to RSA 547:30:

*5051. Is the executor under an affirmative duty to fulfill the decedent’s instruction to demolish her homestead farm buildings as provided in paragraph 4 of her will?

2. Does the lack of an expressed affirmative purpose to the “condition” stated in paragraph 4 of the Jones will and the absence of a gift over or forfeiture render the terms…