FABIANSKI v. BOUTIN

No. 7534.

117 N.H. 232 (1977)

EDWARD FABIANSKI v. MAURICE G. BOUTIN & a.

Supreme Court of New Hampshire.

March 31, 1977.


Attorney(s) appearing for the Case

Smith & Angelo, of Jaffrey (Mr. Richard G. Smith orally) for the plaintiff.

Howard B. Lane and Kendall W. Lane, of Keene (Mr. Kendall W. Lane orally) for the defendants.


GRIMES, J.

The issue in this case is whether the trial court erred in not finding that the owner of a life estate had surrendered it to the remaindermen. We hold that the court did not err.

Plaintiff, a life tenant, filed a petition for ejectment against the remaindermen who were in possession. The petition was granted after a hearing and defendants' exceptions were transferred by Loughlin, J.

Plaintiff purchased a farm consisting of 75 acres...

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