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IN RE ESTATE OF O'DWYER

No. 91-151.

135 N.H. 323 (1992)

In re ESTATE OF THOMAS C. O'DWYER

Supreme Court of New Hampshire.

March 13, 1992.

Attorney(s) appearing for the Case

Law Offices of Thomas Morgan, of Salem (John F. Troy on the brief, and Thomas Morgan orally), for the Estate of Thomas C. O'Dwyer.

Frank Hekimian, of Salem, for Delia O'Dwyer, filed no brief.

Tyler P. Harwell, of Berlin, by brief as amicus curiae.

MEMORANDUM OPINION

HORTON, J.

The Rockingham County Probate Court (Maher, J.), on an interlocutory transfer without ruling, see SUP. CT. R. 9, presents us with the question of whether the probate court has jurisdiction to decide what constitutes a probate asset under RSA 547:3 and part II, article 80 of the New Hampshire Constitution. Although the question is couched in general terms, we respond in...

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