Bisson v. Gosselin

• Decision Date: 06 June 1939
• Citation: 6 A.2d 766
• Parties: BISSON et al. v. GOSSELIN et al.
• Court: New Hampshire Supreme Court

6 A.2d 766

BISSON et al.

v. GOSSELIN et al.

Supreme Court of New Hampshire. Strafford.

June 6, 1939.

Transferred from Superior Court, Strafford County; Connor, Judge.

Proceeding by Olivine Bisson and another, executrices, against Ludger Gosselin and another for construction of a residuary clause of a will. Case transferred without ruling.

Case discharged.

Petition, for construction of the residuary clause of a will leaving the residuary estate of the testatrix "to my nieces and nephew namely, Anna Bisson, Olivine Bisson, * * * to have and to hold in equal shares as tenants in common, to them and their heirs forever".

Twenty-one nephews and a number of nieces survived the testatrix. Most of the nephews lived in Canada, one resided in Massachusetts, and three in places neighboring her domicile of Rochester. Of these three Arthur Bisson was one, and another clause of the will bequeathed $500 to him. No other nephews were named as special legatees. The two nieces Anna and Olivine were not named and were given nothing except by the residuary clause. One clause gave $200 to "each of my following nephews and relatives", then naming three women but no nephews.

The will was drawn and executed at the attorneys' office of Gregoire & George. By the agreed statement of facts, "The testatrix could speak English but was more at ease when speaking French. The office practice of the attorneys at that time was for Mr. Gregoire, who spoke French, to take up with French clients their desires, and if a will was desired, pass the memoranda to Mr. George, or orally dictate to him the contents of the will. They at that time having no secretarial service, Mr. George would typewrite the will, Mr. Gregoire translate and read the will in French to the client." The will in question was thus prepared.

In further agreement, the "associations and relations" of the testatrix "with her nieces and nephews were those expected and ordinarily found in large families, with the exception of some of the nieces with whom she was in closer touch * * * and more intimate. As to the nephews, if she was out riding with nieces and was in a town where there were nephews, she would make a social call, and her nephews, whether from this country or Canada, when in Rochester would drop in and see her".

The residuary estate approximates $3,000.

Cooper & Hall, of Rochester, for plaintiffs.

Hughes & Burns and Charles F. Hartnett, all of Dover, for various nephews other than Arthur Bisson.

PER CURIAM.

The essential issue of construction is whether the will effectually disposes of the part of the residue not left to the nieces Anna and Olivine, and if so, whether all the nephews take it or whether it is left to Arthur Bisson as the only nephew anywhere named in the will.

A construction of the residuary clause by which the word "nephew" is read as though it were in the plural instead of the singular, is considered not to accord with the expressed purpose of the testatrix....