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IN RE ROSS FAMILY TRUSTS

797 A.2d 1268 (2002)

2002 ME 89

In re ROSS FAMILY TRUSTS.

Supreme Judicial Court of Maine.

Decided: June 4, 2002.

Attorney(s) appearing for the Case

Jill A. Checkoway, Esq. (orally), Skelton, Taintor & Abbott, P.A., Auburn, (for Joanne Ross Ward), for appellants.

John J. Wall, III, Esq. (orally), Thomas G. Leahy, Esq., Monaghan Leahy, LLP, Portland, (for Daniel R. Donovan, conservator), David E. Hunt, Esq., Portland, (for Key Bank, trustee), Richard P. LeBlanc, Esq., LeBlanc & Young, Portland, (For Barbara T. Ross), Robert T. Smart, Esq., Needham, MA, (For John A. Ross Jr.), for appellees.

Panel: SAUFLEY, C.J., and RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

RUDMAN, J.

[¶ 1] The two minor children of Rodney E. Ross III appeal from the judgment entered in the Cumberland County Probate Court (Childs, J.) holding that the three trust agreements of which they are remainder beneficiaries provide for the distribution of the trust assets in accordance with the intestacy laws of the State of Maine and not, as they contend, per stirpes. The children argue that the express reference to per stirpes in a...

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