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GREEN v. FOSTER

No. 5058.

104 N.H. 287 (1962)

MAUD GREEN v. ROBERT H. FOSTER & a., Co-ex'rs.

Supreme Court of New Hampshire.

Decided September 28, 1962.

Attorney(s) appearing for the Case

Fisher, Parsons & Moran (Mr. Harold D. Moran orally), for the plaintiff.

Ovila J. Gregoire and Upton, Sanders & Upton (Mr. Robert W. Upton orally) for the defendants.

KENISON, C. J.

This is a will contest in which the plaintiff, who received a legacy of $2,000, seeks to set aside the probate of the will of Arthur Foster on the grounds of incompetency, undue influence and fraud. The plaintiff is not an heir of the testator but is a sister-in-law. The allowance of the will confirms her legacy of $2,000. The question raised is whether the plaintiff is a proper party to contest the allowance of the will in this case. The pertinent...

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