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HORSE POND FISH & GAME CLUB v. CORMIER

No. 89-418.

133 N.H. 648 (1990)

HORSE POND FISH & GAME CLUB, INC. v. WILLIAM A. CORMIER.

Supreme Court of New Hampshire.

October 19, 1990.

Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Robert E. Murphy, Jr., on the brief and orally), for the plaintiff.

Joseph L. Clough, of Nashua, by brief and orally, for the defendant.

John P. Arnold, attorney general (William B. Cullimore, Director of Charitable Trusts, on the brief), by brief for the State, as amicus curiae.

BATCHELDER, J.

The defendant, William A. Cormier, a member of the plaintiff Horse Pond Fish & Game Club, Inc., appeals a decision of the Superior Court (Murphy, J.) granting the plaintiff's motion for summary judgment. The result of the decision is to declare void the restraint against alienation contained in a deed conveying a certain parcel of land to the plaintiff. We reverse and remand to the trial court for further proceedings.

The plaintiff...

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