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IN RE CROSS ESTATE

No. 5570.

108 N.H. 134 (1967)

IN RE ANNA F. CROSS ESTATE.

Supreme Court of New Hampshire.

Decided April 28, 1967.

Attorney(s) appearing for the Case

Earl F. Nauss, Jr. (of Massachusetts) (by brief and orally), pro se, as a residuary legatee under wills of Fred D. Cross and Anna F. Cross.

Joseph P. Whelton, guardian ad litem, filed no brief.

Robert Danais, Director of Charitable Trusts (by brief and orally), pro se.

KENISON, C. J.

The essence of the questions certified to us under RSA 547:30 is whether as a matter of New Hampshire law Anna Cross effectively renounced and disclaimed within a reasonable time the powers granted to her under article fourth of the will of her brother Fred Cross to invade, consume and dispose of the principal of the residue of his estate. We conclude that she did and accordingly the answer to both certified questions is in the affirmative.

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