NH Supreme Court Allows Action for Consequential Damages for Breach of Covenant Not To Sue (Link to Opinion)

In settling an estate/trust dispute, parties generally want their settlement agreement to, not only resolve the issues in contention, but also protect against the initiation of future litigation among the parties.  Settlement agreements almost always include broad mutual releases of claims and sometimes also set forth contractual promises that no further litigation will be initiated, […]

Pro Done, Inc. May 3, 2019 NH Supreme Court Opinion

This order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.) […]

Hodges December 12, 2017 NH Supreme Court Opinion

This order is offered for educational purposes only.  References to law and rules may not be current or accurate.  Counsel must evaluate whether the order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.) […]

Rogers v. Rogers: Not All “Probate” Litigation May Be Brought In Probate Court (Link to NH Supreme Court Opinion)

Forum selection is an important decision in fiduciary litigation.  For New Hampshire cases, we prefer the Probate Court over the Superior Court because Probate Court judges daily consider fiduciary principles, law, and practice issues.  In some cases, such as a dispute over an administrator’s account, the Probate Court has exclusive jurisdiction.  In other cases, the […]

Private Sale At Appraised Price Affirmed As Partition Remedy (Link to NH Supreme Court Opinion)

When clients tell a partner of mine that they want to leave their beloved vacation home to their children, he half-jokingly responds, “Why would you do that to them?” and then explains that, all too often, family disputes develop over grievances about uneven use, contributions to maintenance, tax, insurance and other expenses, and other property […]

Hayes March 29, 2019 NH Supreme Court Opinion

This order is offered as a sample for educational purposes only.  References to law and rules may not be current or accurate.  Counsel must evaluate whether the order has utility in a given case.   (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact […]