Langdell v. Dodge

The first question we shall consider is whether the testator intended to give to the remaindermen all income received by the life tenant and unexpended by her at the time of her death or whether it became hers absolutely so that it goes to her heirs. This is not a case where the testator’s intent is plain from the language used (cf. McAllister v. Hayes, 76 N. H. 108, 111), but is one in which that intent must be determined by a balance of probabilities. Romprey v. Brothers, 95 N. H. 258, 260; Colony v. Colony, 97 N. H. 386, 391. In so doing it seems that certain salient facts appear. The…