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IN RE DUMAINE

No. 90-176.

135 N.H. 103 (1991)

In re FREDERIC C. DUMAINE & a.

Supreme Court of New Hampshire.

December 6, 1991.

Attorney(s) appearing for the Case

Devine, Millimet & Branch P.A., of Manchester (Joseph A. Millimet on the brief and orally), and Dechert Price & Rhoads, of Boston, Massachusetts (Alan L. Lefkowitz and Alicia Reines-Leo on the brief), for the petitioners, Frederic C. Dumaine & a., Trustees.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Charles A. DeGrandpre and Mark C. Rouvalis on the brief, and Mr. DeGrandpre orally), for Lael Elizabeth Dumaine Fuhs and Peter Thomas Dumaine.

Wiggin & Nourie, of Manchester (Mark A. Langan and Dort S. Bigg on the brief), and Cadwalader, Wickersham & Taft, of New York, New York (William Schwartz on the brief and orally), for Elizabeth Ann Charney.

Robert A. Backus, of Manchester, guardian ad litem for unknown beneficiaries, filed no brief.

BATCHELDER, J.

Elizabeth Ann Charney appeals the ruling of the Superior Court (Pappagianis, J.) that she is not a member of the class of "legitimate" beneficiaries of the Dumaines and Dumaines New Fund trusts. She raises five issues on appeal. First, she argues that the trial court erred in its construction of the term "legitimate" as "lawfully begotten, born in wedlock." Second, she asserts that the trial court improperly relied on depositions containing inadmissible...

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