Cass v. Ray

The defendant, Attorney George Ray, executor of the Estate of Clarence L. Esty (the estate), appeals a decision by the Superior Court (Groff., J.) granting the plaintiff, Hazel Cass (Mrs. Cass), an extension of time in which to file suit against the estate. We hold that the superior court erred in granting Mrs. Cass an extension under RSA 556:28 and therefore reverse and remand.

In 1975, following his wife’s death, Clarence Esty, then 82, asked Mrs. Cass, a 71-year-old widow and long-time friend to Mr. Esty and his wife, to stay with him at his home in Hebron. From 1975 until his death in…