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IN RE ESTATE OF LEONARD

No. 85-281.

128 N.H. 407 (1986)

In re ESTATE OF MABEL E. LEONARD

Supreme Court of New Hampshire.

August 7, 1986.

Attorney(s) appearing for the Case

Prunier, Mazerolle, Frasca & Leonard P.A., of Nashua (Stephen J. Frasca on the brief and orally), for Richard D. Leonard.

Peter A. Gleichman, of Portsmouth, by brief and orally, for Jeffrey McCabe and Jennifer McCabe.

MEMORANDUM OPINION

[1] On a petition for instructions to a trustee, the Hillsborough County Probate Court (Cloutier, J.) received extrinsic evidence to resolve an ambiguity in the terms of a testamentary trust. The court found that the testatrix had intended "lineal descendants" of her son to include two of his children who had been adopted by their stepfather, following the divorce of their natural parents and prior to the execution of the will...

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