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ROSS v. CARLINO

No. 78-192.

119 N.H. 126 (1979)

EDWIN C. ROSS, & a. v. PHILIP A. CARLINO, EXECUTOR u/w/o JEAN C. WARDEN.

Supreme Court of New Hampshire.

March 7, 1979.

Attorney(s) appearing for the Case

Clancy & O'Neill, of Nashua (Frank B. Clancy orally), for the contestant.

Sweeney & Sweeney, of Nashua (J. Leonard Sweeney, Jr. orally), for the proponent.

Michael B. O'Shaughnessy, of Manchester, by brief and orally, for Irene Dove.

GRIMES, J.

This is an appeal from certain rulings of the probate court made during and after a hearing on a petition to reexamine the will of Jean C. Warden in solemn form. RSA 552:7 (Supp. 1977). The issues presented are first, whether the probate court erred in ruling on a subscribing witness' availability, RSA 552:12, on the basis of hearsay evidence alone, and second, whether the court erred in refusing the contestant's request for a transfer of issues to the...

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