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ROSS v. CARLINO

No. 79-294.

120 N.H. 489 (1980)

EDWARD C. ROSS & a. v. PHILIP A. CARLINO.

Supreme Court of New Hampshire.

June 25, 1980.

Attorney(s) appearing for the Case

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

Spaloss & Rosson, of Nashua, by brief for the Nashua Association for Retarded Children, Inc., contestant.

Daniel W. O'Shaughnessy, of Manchester, by brief and orally, for Irene Dove, proponent.

PER CURIAM.

This case was here last year and was returned to the probate court to determine whether a third witness was in fact unavailable and, if not, whether she was a "`credible,' meaning competent, witness . . . as required by RSA 551:2." Ross v. Carlino, 119 N.H. 126, 129, 399 A.2d 292, 295 (1979). On remand, the Court (Copadis, J.) conducted a hearing and found that the witness was unavailable and was "not a credible...

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