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IN RE ESTATE OF KELLY

No. 86-470.

130 N.H. 773 (1988)

In re ESTATE OF ELLA A. KELLY.

Supreme Court of New Hampshire.

August 8, 1988.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord, and Luke S. O'Neill, Jr., of Manchester (Russell F. Hilliard, Gilbert Upton and Mr. O'Neill on the brief, and Mr. Upton orally), for the petitioners, Diana Atkins & a.

McNeill, Taylor & Dolan P.A., of Dover (Malcolm R. McNeill, Jr., and Edwinna C. Vanderzanden on the brief, and Mr. McNeill orally), for the petitionee, John McDonald, Administrator d/b/n.

THAYER, J.

This is an appeal from an October, 1986, decree of the Strafford County Probate Court (Cassavechia, J.) which denied the petition of Diana Atkins & a. asking to reinstate a five-year will contest, to vacate the probate court's appointment of the successor administrator of the estate, and to set aside a settlement negotiated by the parties' attorneys in January, 1986. We reverse.

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