Remick v. Merrill
Supreme Court of New Hampshire
Petition, for instructions by the trustee under the will of Joshua B. Merrill who died July 4, 1894, leaving a will dated August 19, 1891. Two sons, Frank B. and Samuel F., three grandchildren, two (Joshua B. Merrill, 2d. born October 17, 1881 and Ellen Merrill born August 16, 1874 children of a third son Lyman, who died in 1885), and Ogarita daughter of Frank B. born February 6, 1883, were living at the testator’s decease.
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Petition, for instructions by the trustee under the will of Joshua B. Merrill who died July 4, 1894, leaving a will dated August 19, 1891. Two sons, Frank B. and Samuel F., three grandchildren, two (Joshua B. Merrill, 2d. born October 17, 1881 and Ellen Merrill born August 16, 1874 children of a third son Lyman, who died in 1885), and Ogarita daughter of Frank B. born February 6, 1883, were living at the testator’s decease. Samuel F. Merrill died without issue November 17, 1902, leaving all his estate to his wife by will. She died December 12, 1910, leaving by will to Frank B. all property…
1Opinion of the CourtParsons, C. J.
Did the testator direct that the fund provided for the benefit of his sons should upon the completion of the trust be paid to his heirs then living to receive it, or did he instruct the trustee to pay the same to the heirs, assignees, or legatees of those persons who were his heirs when he died? The language of the will is, “and at the decease of both, the said remainder, with all accumu lations shall be paid to my heirs at law.” At his decease two sons and two grandchildren, children of a deceased son, constituted his heirs at law; at the time of distribution three grandchildren survived.…
2Cases cited1 opinion
- Baker v. CummingsSupreme Court of the United States · 1898
3Cited by3 opinions
- Arlington Mills v. SalemSupreme Court of New Hampshire · 1927
- Holmes v. AlexanderSupreme Court of New Hampshire · 1926
- McLane v. MardenSupreme Court of New Hampshire · 1971