Griffin's Estate, In re, No. 6063
| Decision Date | 08 September 1970 |
| Docket Number | No. 6063 |
| Citation | 269 A.2d 126,110 N.H. 400 |
| Parties | In re ESTATE of Abbie M. GRIFFIN. |
| Court | New Hampshire Supreme Court |
Winer, Lynch & Pillsbury, Nashua (S. Robert Winer, pro se), as Trustee under the will of Abbie M. Griffin.
Harkaway, Gall & Shapiro, Nashua (Aaron A. Harkaway, Nashua, orally), for Merrimack Village District.
John F. Beamis, Director of Charitable Trusts, pro se.
Bill for directions brought under RSA 498:1 by S. Robert Winer, Esq., as trustee. The instructions sought pertain to a clause in the will disposing of part of the residue of the estate of Abbie M. Griffin which reads as follows:
The Trustee is, or was, holding for the benefit of the District $109,000 in cash and anticipates the receipt of approximately $4500 in additional cash on distribution of the balance of the estate. As of December 24, 1969, the District had outstanding $128,000 of 'Water Bond(s)' and $92,200.36 in 'Note(s)' representing monies borrowed for capital improvements to its water system under authority of the 'Municipal Finance Act' RSA ch. 33.
The main issue presented is whether the words 'bonded indebtedness' as used in the will can be interpreted to include these notes issued by the District. This question was reserved and transferred, on an agreed statement of facts, by Flynn, J.
The law is well established in this jurisdiction that the intention of the testatrix as expressed in her will is to be carried out to the fullest extent feasible under the circumstances. Devine v. Cote, 109 N.H. 235, 238, 248 A.2d 77, 80. It is a fundamental rule of construction that when a phrase used in a will is neither as clear or precise as it could be, said phrase should not be allowed to defeat what appears to have been the intent of the testator. In re Davis Estate, 108 N.H. 163, 165, 229 A.2d 694, 695; Marvin v. Peirce, 84 N.H. 455, 457, 152 A. 484, 486.
The 'bonded indebtedness' of the Village District is regulated and controlled, in the main, by RSA ch. 33. The modes of financing covered by this chapter are the issuance of bonds or notes. RSA 33:2-3c (supp). Except for certain specific exceptions such as notes issued in anticipation of taxes or of federal or state aid (RSA 33:1, 7, 7-a, b (supp)), bonds or notes are to be issued to pay for permanent improvements, that is, 'in connection with capital requirements of said District' as specified by the testatrix. The terms, time, and mode of payment of these bonds or notes are specifically provided for in RSA 33:2 and the same requirements apply whether the indebtedness be incurred by the issuance of bonds or notes.
The parties have agreed that 'all the monies borrowed by the Merrimack Village District whether evidenced by bonds or notes were borrowed for purposes of capital improvement of the Merrimack Village District Water System and all the bonds and notes were authorized by the voters of * * * the District acting under the provisions of RSA 33.' The principal sum of these bonds cannot be paid in advance while that of the notes can be anticipated and paid.
It is also agreed that S. Robert Winer who drew various wills for the decedent over a period of years, including this one dated January 16, 1968, would testify to the following. The language of paragraph 'A' was first used in a will executed...
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Frolich's Estate, In re
...will construction in this jurisdiction has always been to effectuate the testator's intent if at all possible. See In re Estate of Griffin, 110 N.H. 400, 269 A.2d 126 (1970); Fogg v. Clark, 1 N.H. 163 (1818). We have held a will may indicate as a whole the testator's intent to treat a group......