IN RE ESTATE OF ROLFE

No. 89-526.

136 N.H. 294 (1992)

In re ESTATE OF RICHARD S. ROLFE

Supreme Court of New Hampshire.

November 4, 1992.


Attorney(s) appearing for the Case

Hampe and McNicholas, of Concord (Richard A. Hampe on the brief and orally), for the heirs.

Upton, Sanders & Smith, of Concord (Frederic K. Upton and Gilbert Upton on the brief, and Gilbert Upton orally) for First Capital Bank and Frederic K. Upton.

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

John S. Holland, of Manchester, by brief, as amicus curiae.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Robert A. Raulerson & a. on the brief), by brief, as amicus curiae.

Devine, Millimet & Branch P.A., of Manchester (Cynthia J. Larose on the brief), by brief for the New Hampshire Bankers Association, as amicus curiae.

Nighswander, Martin & Mitchell P.A., of Laconia (Arthur H. Nighswander and Margaret A. Demos on the brief), by brief, as amicus curiae.


BROCK, C.J.

Sally R. Patenaude, Cynthia R. Jones and Robin R. Bagley, the daughters of the decedent and beneficiaries under the decedent's will, appeal a Merrimack County Probate Court (Cushing, J.) decree awarding total executor's and attorney's fees in the amount of $26,000. After much deliberation, we reverse and remand.

Richard S. Rolfe died testate on January 25, 1988, leaving the bulk of his estate to his surviving spouse and three daughters....

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