IN RE ESTATE OF BRUNEL

No. 90-127.

135 N.H. 83 (1991)

In re ESTATE OF EMILY J. BRUNEL

Supreme Court of New Hampshire.

December 6, 1991.


Attorney(s) appearing for the Case

Ouellette, Hallisey, Dibble & Tanguay P.A., of Dover (Simone D. Masse on the brief and orally), for plaintiffs Margaret LaCerais and Winifred Vania.

John P. Arnold, attorney general (Monica Ciolfi, assistant attorney general, on the brief and orally), for the State.

Branch & Greenhalge P.A., of Concord, for plaintiffs Lois Stecker & a., adopted the brief of plaintiffs LaCerais and Vania.

G. Wells Anderson, of Concord, as guardian ad litem for unknown heirs, adopted the plaintiffs' brief.

Sulloway Hollis & Soden, of Concord, for the administrator of the estate, First Capital Bank, filed no brief.


HORTON, J.

This case comes before us in an interlocutory transfer without ruling from the Merrimack County Probate Court (Cushing, J.), pursuant to RSA 547:30, transferring the following question:

"In the absence of express provision for distribution to second cousins under RSA 561:1, are second cousins of an intestate decedent entitled to legal recognition as `heirs' of the decedent, so as to defeat the terms of RSA 561:8 providing for escheat to...

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