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IN RE ESTATE OF CASS

No. 96-735.

143 N.H. 57 (1998)

IN RE ESTATE OF MADELINE M. CASS IN RE CASS FAMILY TRUST

Supreme Court of New Hampshire.

October 5, 1998.

Attorney(s) appearing for the Case

Sanders & McDermott, P.L.L.C., of Hampton (Edwinna C. Vanderzanden and Patricia M. Weathersby on the brief, and Ms. Vanderzanden orally), for the petitioner, Priscilla Cass Hundley.

Law Office of Leslie H. Johnson, of Center Sandwich (Leslie H. Johnson and Caroline B. Chambers on the brief, and Ms. Chambers orally), for the respondent, Gilbert Cass, as trustee of the Cass Family Trust.

Melendy and Lee, PA., of Conway, for the respondent, Gilbert Cass, as executor of the Estate of Madeline M. Cass, filed no brief.

BROCK, C.J.

The respondent, Gilbert Cass, trustee of the Cass Family Trust, appeals a decision of the Carroll County Probate Court (O'Neill, J.). He contends that the court erred in quashing a deposition, failing to invite him to fully participate in the trial as a pro se litigant, and imposing a constructive trust upon property that the testator, Madeline M. Cass, bequeathed to him. We affirm.

The record reveals the following facts. On September...

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