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IN RE TRUST u/w/o SMITH

No. 88-244.

131 N.H. 396 (1988)

In re TRUST u/w/o ELMER C. SMITH

Supreme Court of New Hampshire.

December 30, 1988.

Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (William B. Cullimore, Director of Charitable Trusts, on the brief), by brief for the Intervenor, the Director of Charitable Trusts.

Cooper, Hall, Whittum & Shillaber P.C., of Rochester, for Richard Hersam and Elaine Stimpson, Trustees of Trust Funds for the Town of New Durham, filed no brief.

JOHNSON, J.

This is an appeal from the ruling of the Strafford County Probate Court (Cassevechia, J.) that two trusts established under the will of Elmer C. Smith, both of which were to be administered by the "Trustees of Trust Funds for the Town of New Durham," were testamentary trusts to be administered pursuant to RSA 564:1. The court therefore required the individuals acting as town trustees to be appointed by the probate court, and to post bonds and account...

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