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Woods Estate
New Hampshire Supreme Court
149 A.2d 865 (1959)
- Written by Sean Carroll, JD
Facts
Elizabeth Luce’s will left the residue of her estate in equal shares to her daughter, Evelyn Deming (plaintiff) and her sister, Clara Woods. The will stated that “[i]n case of the death of either” Deming or Woods, the decedent’s share would go to the survivor. Luce died in 1954. Woods died in 1956. Deming filed a petition seeking a declaratory ruling that she was entitled to all of Luce’s estate, to the exclusion of Woods’s heirs, Florence Cram and Doris Cocco (defendants). Deming claimed that the will’s words of survivorship lasted beyond Luce’s death and that Woods’s share passed to Deming upon Woods’s death.
Rule of Law
Issue
Holding and Reasoning (Blandin, J.)
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