In re Hitchcock

This case involves the resolution of a transferred question of law certified by the Probate Judge, Copadis, J., pursuant to RSA 547:30. The question reads:

Is irreconcilable differences under New Hampshire RSA 458:7-a sufficient cause for divorce to enable a testatrix to exclude her surviving spouse from any interest in her estate under the provisions of New Hampshire RSA 560:19?

After several years of marriage Marion and James Hitchcock separated by agreement on June 5, 1974. A year later James moved to New York. In 1976, Marion prepared a will making no bequest to James “whether or not we are…