STEWART v. FARREL

No. 87-438.

131 N.H. 458 (1989)

BRENDA STEWART & a. v. JOAN K. FARREL, EXECUTRIX OF THE ESTATE OF ROBERT E. FARREL

Supreme Court of New Hampshire.

March 6, 1989.


Attorney(s) appearing for the Case

Seufert & Thompson P.C., of Concord (Robert L. Thompson and Christopher J. Seufert on the brief, and Mr. Thompson orally), for the plaintiffs.

Branch & Greenhalge P.A., of Concord (Robert D. Branch on the brief and orally), for the defendant.


JOHNSON, J.

The plaintiffs, Brenda and Mark Stewart (the Stewarts), appeal a decision by the Superior Court (Cann, J.) denying their petition, pursuant to RSA 556:28, to extend the time for filing notice of claim against the Estate of Robert E. Farrel (the estate) with the defendant executrix, Joan K. Farrel. The Stewarts argue that, because justice and equity required an extension and their failure to file timely was not the result of culpable neglect, the...

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