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DEVINE v. COTE

No. 5797.

109 N.H. 235 (1968)

MAURICE F. DEVINE, Tr. v. ALPHEAGE A. COTE & a.

Supreme Court of New Hampshire.

Decided November 26, 1968.

Attorney(s) appearing for the Case

Devine, Millimet, McDonough, Stahl & Branch and John S. Holland (Mr. Holland orally), for the plaintiff filed no brief.

Stein, Rudman & Gormley for Cote.

Danais & Danais and Thomas B. Wingate (Mr. Wingate orally), for the defendant Conrad Danais, guardian of Leo Bouchard.

Leonard, Leonard & Prolman and Gerald R. Prunier (Mr. Prunier orally), for the defendant Wesley Greeley.

KENISON, C. J.

Petition for instructions by the plaintiff who is the successor trustee under the will of Mary Bouchard whose will dated January 18, 1935 was duly allowed. The parties submitted an agreed statement of facts. The Court (Leahy, C. J.) reserved and transferred without ruling the questions of law relating to the trustee's duties as to the disposition of the trust fund under the will for the benefit of testatrix...

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