100 A. 552 | N.H. | 1917
By the residuary clause of the will it is apparent the testatrix intended to provide for the reasonable support of her son. This was her controlling purpose in creating a trust fund and authorizing the trustee to use the same for the comfortable support of her son. She omitted to use language indicative of a purpose to specifically limit his interest in the trust to such part as the trustee might in his discretion appropriate to his support and to dispose of the unexpended balance remaining upon the son's death to other beneficiaries. It is not probable that she intended to leave what was not required for his support undisposed of by her will, or to die intestate in regard to it. She understood that she was disposing of "all the rest and remainder of my estate," and not that she was leaving a considerable portion of it undisposed of. In the absence *324
of any clear evidence tending to show a purpose of intestacy the presumption is that she intended that all of her estate should pass by her will. Kennard v. Kennard,
In Sawyer v. Banfield,
The trustee is advised that the balance of the trust fund in his hands is payable to the administrator of the estate of Andrew N. Freeman.
Case discharged.
All concurred. *325