Ross v. Carlino
Ross v. Carlino
Opinion of the Court
This case was here last year and was returned to the probate court to determine whether a third witness was in fact unavailable and, if not, whether she was a “ ‘credible,’ meaning competent, witness ... as required by RSA 551:2.” Ross v. Carlino, 119 N.H. 126, 129, 399 A.2d 292, 295 (1979). On remand, the Court (Copadis, J.) conducted a hearing and found that the witness was unavailable and was “not a credible witness within the meaning of RSA 551:2.”
However, the court granted proponent’s request #13 that “Blakesley was not incompetent at the time of her attestation.” This presents a seeming inconsistency because the word “credible” within the context of RSA 551:2 means competent. Ross v. Carlino supra; Eustis v. Parker, 1 N.H. 273, 274 (1818). We were of the opinion that we made this clear when the case was here before.
Appeal dismissed.
Reference
- Full Case Name
- Edward C. Ross & a. v. Philip A. Carlino
- Status
- Published