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Sinclair v. Sinclair

99 N.H. 316, 109 A.2d 851 (1954)

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Sinclair v. Sinclair

New Hampshire Supreme Court
99 N.H. 316, 109 A.2d 851 (1954)

MP

Facts

Epps E. Sinclair, the decedent, who owned real estate in New Hampshire, died intestate and domiciled in Vermont. The decedent’s surviving spouse, Edith M. Sinclair was appointed administratrix of the Vermont estate. The decedent’s surviving brother, Quincy V. Sinclair, was appointed administrator of the New Hampshire estate. Edith filed a waiver of her dower and homestead and instead claimed her distributive share in the decedent’s New Hampshire real estate according to New Hampshire law—which would be a larger share than what she would be entitled to under Vermont law. The New Hampshire probate court awarded Edith the share she wanted of the New Hampshire real estate according to New Hampshire law. Quincy appealed.

Rule of Law

Issue

Holding and Reasoning (Kenison, C.J.)

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