ESTATE OF FREDERICK v. FREDERICK

No. 95-515.

141 N.H. 530 (1996)

ESTATE OF MARCIA S. FREDERICK A/K/A MARCIE S. FREDERICK v. JAMES W. FREDERICK, JR.

Supreme Court of New Hampshire.

December 31, 1996.


Attorney(s) appearing for the Case

Wrigley, Weeks & Martin, P.C., of Keene (John D. Wrigley and Genienne A. Mongno on the brief, and Mr. Wrigley orally), for the plaintiff.

Norton, Parent & Cleary, P.C., of Keene (William W. Cleary on the brief and orally), for the defendant.


BRODERICK, J.

The defendant, James W. Frederick, Jr., appeals the Superior Court's (Brennan, J.) denial of his motion to dismiss the plaintiff's petition for declaratory relief, and its decision to grant the plaintiff's motion for summary judgment. The trial court held that the defendant's rights to the proceeds of two annuity contracts were extinguished by the plain language of a divorce decree. We reverse.

In 1979, the defendant was named the beneficiary...

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