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HANKE v. HANKE

No. 82-327.

123 N.H. 175 (1983)

ERWIN HANKE, SR. v. ERWIN HANKE, JR., & a.

Supreme Court of New Hampshire.

March 24, 1983.

Attorney(s) appearing for the Case

Cleveland, Waters & Bass, of Concord (Robert J. Lloyd and Edward N. Damon on the brief, and Mr. Lloyd orally), for the plaintiff.

Orr & Reno, of Concord (Thomas D. Rath on the brief, and Sherilyn B. Young orally), for the defendants.

Ransmeier & Spellman, of Concord, as guardian ad litem for unknown and unborn beneficiaries, joined in the brief of the defendants.

KING, C.J.

This is an interlocutory transfer without ruling from the Superior Court (Cann, J.) concerning the rights of a surviving spouse under RSA 560:10, which provides for distribution of a specified portion of the deceased spouse's estate to a surviving spouse who waives testate distribution.

In 1972, Maria Hanke established a revocable inter vivos trust for the stated purpose of protecting the interest of herself and her spouse, the plaintiff...

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