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89 N.H. 561

3 A.2d 95

Wallace v. Brown

Supreme Court of New Hampshire

Decided December 6, 1938

Supreme Court of New Hampshire · decided 1938-12-06

Cited by 5 later decisions — most recently October 1973

5 state decisions

Relies on Glover v. Baker · Harvey v. Harvey · Adams v. Carrie F. Wright Hospital

Good law ✅— No negative treatment on recordhow we know

Decided 1938-12-06

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Per Curiam.

¶1 The executrix is entitled to no advice as to the estates and powers intended to be vested in the devisees and legatees of the residue. Bailey v. McIntire, 71 N. H. 329; Harvey v. Harvey, 73 N. H. 106. Nor is the widow, in her capacity as non-fiduciary beneficiary. Glover v. Baker, 76 N. H. 393; Ross v. Church, 77 N. H. 592; Adams v. Wright Hospital, 82 N. H. 260; Owen v. Rusiel, 83 N. H. 345, 347; Keene v. District, ante, 477. No adverse claim appears to have been made, so this is not a proper case for amendment into a petition for a declaratory judgment. Laws 1929, c. 86.

¶2 Petition dismissed.

Branch, J., was absent.
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