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SMITH v. LILLIAN V. DONAHUE TRUST

No. 2007-692.

953 A.2d 753 (2008)

Charles H. SMITH v. LILLIAN V. DONAHUE TRUST.

Supreme Court of New Hampshire.

Opinion Issued: July 15, 2008.

Attorney(s) appearing for the Case

Sager Law, P.L.L.C., of Ossipee (Richard D. Sager on the brief and orally), for the petitioner.

Krasner Law Office, of Farmington (Emmanuel Krasner on the brief and orally), for the respondent.

DALIANIS, J.

The respondent, the Lillian V. Donahue Trust (Trust), appeals the order of the Superior Court (Fitzgerald, J.), granting the petition for specific performance filed by the petitioner, Charles H. Smith. We affirm.

The record supports the following facts. The Trust was created in 1991 by Lillian V. Donahue. It was a revocable trust that named Lillian as grantor, beneficiary and trustee. It named her son, Patrick J. Donahue (Donahue), as successor...

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