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PEDERSEN v. BROOK

No. 2003-533

151 N.H. 65 (2004)

JAMES D. PEDERSEN v. MARCIA A. BROOK

Supreme Court of New Hampshire

Opinion Issued: May 17, 2004

Attorney(s) appearing for the Case

Theodore H. Parent, P.C., of Keene (Theodore H. Parent on the brief and orally), and Elizabeth Cazden, of Manchester, on the brief, for the plaintiff.

Lane & Bentley, P.C., of Keene (Michael P. Bentley on the brief and orally), for the defendant.

NADEAU, J.

In this action for partition pursuant to RSA chapter 547, the defendant, Marcia A. Brook, appeals an order of the Cheshire County Probate Court (Weeks, J.) declaring the plaintiff, James D. Pedersen, to be the sole owner of the subject property in fee simple, and awarding a sum of money to Brook for her interest in the property. We vacate and remand.

The record supports the following facts. The parties met in 1997 and entered into a romantic...

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