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In re ESTATE OF LAMSON

No. 95-020.

139 N.H. 732 (1995)

In re ESTATE OF LILLIAN T. LAMSON In re ESTATE OF ROBERT H. LAMSON

Supreme Court of New Hampshire.

July 11, 1995.

Attorney(s) appearing for the Case

Boynton, Waldron, Doleac, Woodman & Scott, PA, of Portsmouth (Charles B. Doleac on the brief and orally), for the executor, John C. Lamson.

Ansell Professional Association, of Bedford (Ruth Ansell & a. by brief), for estate of John Zyla and estate of Kathleen Zyla, as amicus curiae.

Wiggin & Nourie, P.A., of Manchester (Mark A. Langan by brief), as amicus curiae.

Devine, Millimet & Branch, of Manchester (John S. Holland & a. by brief), as amicus curiae.

HORTON, J.

This is an interlocutory transfer without ruling from the Rockingham County Probate Court (Maher, J.) pursuant to Supreme Court Rule 9. The question presented is whether a disclaimer exercised on behalf of a decedent by his or her executor, administrator, or other personal representative to disclaim a survivorship interest is valid without express authority in the will or trust. We answer the transferred question in the affirmative.

Robert...

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