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IN RE ESTATE OF RUBERT

No. 93-686.

139 N.H. 273 (1994)

In re ESTATE OF KENNEDY F. RUBERT, JR.

Supreme Court of New Hampshire.

December 29, 1994.

Attorney(s) appearing for the Case

McSwiney, Semple, Bowers & Wise, P.C., of New London (Robert E. Bowers, Jr. on the brief and orally), for the plaintiff, Isabella F. Rubert Tosco.

Hall, Morse, Anderson & Miller, P.C., of Concord (G. Wells Anderson on the brief and orally), for the defendant, Kennedy F. Rubert, III.

THAYER, J.

The defendant, Kennedy F. Rubert, III, appeals the decision of the Merrimack County Probate Court (Cushing, J.) awarding half of the decedent's New Hampshire estate to the plaintiff, Isabella F. Rubert Tosco, pursuant to the New Hampshire pretermitted heir statute. RSA 551:10 (1974). The defendant contends that the probate court's determination of domicile and application of New Hampshire's pretermitted heir statute was error. We reverse the finding...

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