In re Estate of Osgood

This is an appeal pursuant to RSA chapter 567-A (Supp. 1981) from a decision of the Probate Court (Cloutier, J.) disallowing the petitioner, Neil T. Osgood, a distributive share of the estate of his deceased mother. The probate court held that our pretermitted heir statute, RSA 551:10, which entitles a child not named in the deceased’s will to inherit the same portion of the estate as he would have if the deceased had died intestate, was not applicable to the petitioner. We affirm.

The deceased, Anne J. Osgood, died testate on July 8, 1981, survived by four children: Roger H. Osgood, Jr.,…