Burpee v. Pickard

The will made no provision for the disposition of the residue of the estate after the death of the wife in the event that Forrest should predecease her leaving no issue. Since that contingency happened, the balance in the hands of the appellee, administrator, passes as intestate property. R. L., c. 360. White v. Weed, 87 N. H. 153; Heffenger v. Heffenger, 89 N. H. 530.

The first argument in support of the Probate decree is that the fifth and seventh clauses of the will disclose an intent to disinherit Forrest at least conditionally. “If testator does not dispose of the whole of his estate by…