IN RE ESTATE OF BENNETT

No. 2001-727.

149 N.H. 496 (2003)

IN RE ESTATE OF ROLAND A. BENNETT

Supreme Court of New Hampshire.

Opinion Issued: May 16, 2003.


Attorney(s) appearing for the Case

Wholey & Pelech Law Office, of Portsmouth (Bernard W. Pelech on the brief and orally), for the plaintiff.

Craig, Wenners, Craig & Capuchino, P.A., of Manchester (Vincent A. Wenners, Jr. on the brief and orally), for the defendant, James Bennett, administrator of the estate of Roland A. Bennett.


BROCK, C.J.

The plaintiff, Constance Morrison, appeals from a decision of the Strafford County Probate Court (Cassavechia, J.) denying her an extension of time under RSA 556:28 (1997) in which to file suit against the estate of Roland A. Bennett. We reverse and remand.

Roland A. Bennett died on September 5, 1999. A petition for estate administration, listing real estate worth $40,000 as the sole asset of the estate, was granted on November 9, 1999....

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