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IN RE DECLARATION OF TRUST BY DUMAINE

No. 2000-270.

146 N.H. 679 (2001)

IN RE DECLARATION OF TRUST MADE BY FREDERIC C. DUMAINE & a.

Supreme Court of New Hampshire.

July 31, 2001.

Attorney(s) appearing for the Case

Ransmeier & Spellman, P.C., of Concord (John C. Ransmeier on the brief and orally), for the petitioners.

McLane, Graf, Raulerson & Middleton, PA., of Portsmouth (Charles A. DeGrandpre and Sarah B. Knowlton on the brief), for the respondents.

Nicholas R. Aeschliman, of Portsmouth, special guardian ad litem, joined in the petitioners' brief.

Orr & Reno, PA., of Concord (Mary Susan Leahy and Gayle M. Braley on the brief), as guardian ad litem to certain known and unknown potential beneficiaries.

DALIANIS, J.

This is an interlocutory transfer without ruling from the Hillsborough County Probate Court (Cloutier, J.). See SUP. CT. R. 9. The petitioners, the trustees of a declaration of trust made by Frederic C. Dumaine and others, ask the court to determine whether the word "children" in the net income provision of the trust should be interpreted to include descendents of Dumaine who are neither his children nor grandchildren. The respondents, two...

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