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MILLER v. MILLER

No. 89-362.

133 N.H. 587 (1990)

PAULA MILLER v. LEON MILLER.

Supreme Court of New Hampshire.

August 29, 1990.

Attorney(s) appearing for the Case

Copithorne & Copithorne, of Laconia, and Harvey & Mahoney, of Manchester (Martha W. Copithorne and J. Campbell Harvey on the brief, and Ms. Harvey orally), for the plaintiff.

Barnes, Bender & Chynoweth, of Concord, and Elizabeth Cazden, of Manchester (Martin Bender and Ms. Cazden on the brief, and Mr. Bender orally), for the defendant.

JOHNSON, J.

The defendant, Leon Miller, appeals from an order of the Superior Court (Contas, J.), approving the recommendation of a Master (Larry B. Pletcher, Esq.), which denied his petition to bring forward and partition real estate. The issue presented is whether paragraph six of the parties' stipulation, which was "incorporated into and made a part of [their 1975 divorce] decree," granted the plaintiff, Paula Miller, the right to reside in their...

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