In re Estate of Marc F. Thurrell

Summary

The Supreme Court of New Hampshire affirmed the probate division’s application of RSA 551:12, holding that the anti‑lapse statute applies to the decedent’s bequest to his uncle and that the uncle’s children inherit the residuary share. The Court rejected the respondent’s argument that the will intended intestacy, finding that the will’s language shows an intent for the anti‑lapse statute to operate with respect to the uncle but not the father, and that the intentional omission clause does not preclude the inheritance. It also affirmed the lower court’s denial of the respondent’s motion to determine heirs.