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In re ESTATE OF DIONNE

No. 85-471.

128 N.H. 682 (1986)

In re ESTATE OF HENRY DIONNE

Supreme Court of New Hampshire.

October 3, 1986.

Attorney(s) appearing for the Case

Law Offices of David J. KillKelly, of Laconia (David J. KillKelly on the brief and orally), for Cecile M. Letellier & a., the contestants.

Bergeron & Hanson, of Berlin (Peter H. Bornstein on the brief and orally), for Virginia Vachon, executrix u/w/o Henry Dionne, the proponent.

Stephen E. Merrill, attorney general (Jeffrey R. Howard, associate attorney general, on the brief), by brief for the State, as amicus curiae.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Jack B. Middleton and Judy E. Reardon on the brief, and Mr. Middleton orally), for the ten probate judges, as intervenors.

KING, C.J.

The disputants in this will contest case argue that RSA 547:23 (Supp. 1985), which requires the payment of fees to the probate court for special sessions, is unconstitutional, and that because they were required to pay such fees, the proceedings below are null and void. We hold that RSA 547:23 (Supp. 1985) is unconstitutional, vacate the decision below, and remand for new proceedings to be conducted in accordance with this opinion.

RSA 547:23 (Supp...

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