IN RE ESTATE OF OSGOOD

No. 82-233.

122 N.H. 961 (1982)

In re ESTATE OF ANNE J. OSGOOD

Supreme Court of New Hampshire.

November 5, 1982.


Attorney(s) appearing for the Case

Boyer, Kinghorn and Harkaway P.A., of Nashua (Richard E. Boyer on the brief and orally), for the petitioner, Neil T. Osgood.

Cullity and Kelley, of Manchester (John C. Boeckeler on the brief and orally), for the residuary legatee, Sally Bashalany.

Clancy & O'Neill P.A., of Nashua (Thomas E. O'Neill on the brief, and Frank B. Clancy orally), for the executor.


KING, C.J.

This is an appeal pursuant to RSA chapter 567-A (Supp. 1981) from a decision of the Probate Court (Cloutier, J.) disallowing the petitioner, Neil T. Osgood, a distributive share of the estate of his deceased mother. The probate court held that our pretermitted heir statute, RSA 551:10, which entitles a child not named in the deceased's will to inherit the same portion of the estate as he would have if the deceased had died intestate, was not applicable...

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