IN RE LaTOUR ESTATE

No. 5869.

110 N.H. 50 (1969)

IN RE JEAN M. LaTOUR ESTATE.

Supreme Court of New Hampshire.

December 30, 1969.


Attorney(s) appearing for the Case

Leahy & Denault (Mr. Albert D. Leahy, Jr. orally), for Josephine L. Robarge and Frederick Robarge, remaindermen under the will of Jean M. LaTour.

Mary L. Caise, trustee under the will of Jean M. LaTour, pro se filed no brief.

John F. Beamis, Director of Charitable Trusts (by brief and orally), as amicus curiae.


KENISON, C. J.

The principal issue in this case is whether capital gains distributions from regulated investment companies, commonly called mutual funds, are to be accounted for as income or principal in probate and trust accounting. We write on a clean slate since there is no statute or decision in this state which provides an answer. The issue comes to us as a certification of questions of law from the probate court of Sullivan county (Shaw, J.) pursuant...

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