Legal Opinion · Concurrence

Eng Khabbaz Ex Rel. Eng v. Commissioner, Social Security Administration

Supreme Court of New Hampshire

Decided August 9, 2007No. 2006-751Published

1ConcurrenceBroderick, C.J.

I join the majority’s response to the certified question because I agree with its conclusion that a reasonable reading of RSA 561:1, coupled with the majority’s recitation of the statute’s purpose, establishes that Christine C. Eng Khabbaz is not the “surviving” issue of Rumzi Brian Khabbaz. I concur, however, with some reluctance. I feel particularly confined by our construction of the word “surviving,” as I believe it frustrates a critical purpose of the statute, one different from that articulated in the majority opinion. I write separately to respectfully urge the legislature to examine,…

2Cases cited3 opinions

  1. In Re Estate of KirkpatrickWyoming Supreme Court · 2003
  2. In re Estate of TreloarSupreme Court of New Hampshire · 2004
  3. Eyre v. StorerSupreme Court of New Hampshire · 1858

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