3 A.2d 95 | N.H. | 1938
The testatrix could have disposed by will of the interest which she had in the estate of her grandmother, (Flanders v. Parker,
The presumption against partial intestacy (Clyde v. Lake,
The brother and sisters of the testatrix contend that the word "rest," which appears in the sentence quoted from the will in the statement of facts above, was intended by the testatrix to refer to the rest or residue of her estate. This contention has little merit. It seems to us clear from the context in which that word appears as well as from the wording of the will as a whole that by it the testatrix must have intended to refer to the rest of the books in her library. The construction of the word contended for is so improbable that it has little if any persuasive force.
The other agreed facts relating to the insignificance of the value of the testatrix's library and the lack of means of her brother and sisters in comparison with the wealth of their mother are beside the point. The intention of the testatrix being evident from the wording of the will itself, these external facts may not be received. They are inadmissible because they only serve to create doubts, not to explain and resolve them. White v. Weed,
The administrator is advised that his testatrix died intestate as to her residuary estate in which is included the remainder interest which she inherited from her grandmother, and that it is to be paid to the estate of her mother who was her heir-at-law under P. L., c. 307, s. 6.
Case discharged.
BRANCH, J., was absent: the others concurred. *533