Ross v. Carlino

This is an appeal from certain rulings of the probate court made during and after a hearing on a petition to reexamine the will of Jean C. Warden in solemn form. RSA 552:7 (Supp. 1977). The issues presented are first, whether the probate court erred in ruling on a subscribing witness’ availability, RSA 552:12, on the basis of hearsay evidence alone, and second, whether the court erred in refusing the contestant’s request for a transfer of issues to the superior court for a jury trial pursuant to RSA 567-A:10 (Supp. 1977). We hold that the court correctly denied the request to transfer issues,…