Ross v. Carlino

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…