INDIAN HEAD BANK v. THERIAULT

No. 3855.

96 N.H. 23 (1949)

INDIAN HEAD NATIONAL BANK, Tr., Ap'ee v. GEORGE F. THERIAULT & a., Ap'ts.

Supreme Court of New Hampshire.

November 1, 1949.


Attorney(s) appearing for the Case

Guertin & Leahy (Mr. Guertin orally), for the appellee.

Robert E. Earley and Charles J. Flynn (Mr. Flynn orally), for the appellant George F. Theriault.

John D. Wilcox and Paul J. Doyle, for the appellant Luella A. Theriault, Guardian.


DUNCAN, J.

Since the interests of the appellants are not identical, their rights upon appeal must receive separate consideration. As applied to the appeal of George Theriault, the orders of the Superior Court were without error. The appeal raised no issue of fraud. By the motion to amend filed on November 16, 1948, the appellants sought to charge the trustee with fraudulent collusion with its predecessor trustee and the executor of the will, both in the capacities...

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