CASS v. RAY, EX'R

No. 88-100

131 N.H. 550 (1989)

HAZEL E. CASS v. GEORGE T. RAY, JR., EXECUTOR OF THE ESTATE OF CLARENCE L. ESTY

Supreme Court of New Hampshire.

April 7, 1989


Attorney(s) appearing for the Case

Hall, Morse, Gallagher & Anderson, of Concord (Charles P. Bauer on the brief and orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (Ernest T. Smith, III, on the brief and orally), for the defendant.


JOHNSON, J.

The defendant, Attorney George Ray, executor of the Estate of Clarence L. Esty (the estate), appeals a decision by the Superior Court (Groff, J.) granting the plaintiff, Hazel Cass (Mrs. Cass), an extension of time in which to file suit against the estate. We hold that the superior court erred in granting Mrs. Cass an extension under RSA 556:28 and therefore reverse and remand.

In 1975, following his wife's death, Clarence Esty, then 82...

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