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TERZIS v. ESTATE OF WHALEN

No. 84-022.

126 N.H. 88 (1985)

JOHN E. TERZIS v. ESTATE OF WILLIAM J. WHALEN, JOAN KELLEY, ADMINISTRATRIX, & a.

Supreme Court of New Hampshire.

February 15, 1985.

Attorney(s) appearing for the Case

Law Offices of Charles V. Spanos, of Claremont (Charles V. Spanos on the brief and orally), for the plaintiff.

Leahy, Denault & Moody, of Claremont (Thomas P. Connair on the brief, and Albert D. Leahy, Jr., orally), for the defendants.

BROCK, J.

The plaintiff, a Connecticut attorney, filed a bill in equity against the estate of a former client, seeking to foreclose a $25,000 mortgage securing a fee arrangement. The defendants are the estate, the administratrix, and the decedent's heirs, William J. Whalen, III, and Jeannie Whalen. The mortgaged real estate is in New Hampshire, but the mortgage was drafted on a Connecticut form which did not include a power of sale. The Master (Charles T. Gallagher...

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