Opinion
No. 7816
Decided October 31, 1977
Courts — Supreme Court — Certification from Probate Court Where resolution of certified questions of law propounded by executor of estate would not affect distribution of testator's estate, and was not necessary to aid executor in performance of his fiduciary duties or to resolve matters in contention, advice of supreme court was not required. RSA 547:30.
Paul B. Urion, executor of the estate of Phyllis J. Bliss, and Gary R. Cassavechia, both of Rochester (Mr. Cassavechia orally), amicus curiae.
David H. Souter, attorney general, and Andrew R. Grainger, attorney (Mr. Grainger orally), for the state.
This case presents a certification from the Strafford County Probate Court (Galanes, J.) of four questions of law propounded by the executor of the estate of Phyllis J. Bliss pursuant to RSA 547:30.
At the close of oral argument of this case it became clear that neither the legatees nor attorney general made any claim adverse to the views taken by the executor. It is conceded by all concerned that our resolution of the certified questions would not affect the distribution of the testator's estate or assist the executor in his administration of the estate. Since our resolution of the certified questions is not necessary to aid the executor in the performance of his fiduciary duties or to resolve matters in contention, the advice of this court under RSA 547:30 is not required. Drake v. True, 72 N.H. 322, 56 A. 749 (1903); Bailey v. McIntire, 71 N.H. 329, 330, 52 A. 446 (1902); Carr v. St. Paul's Parish, 71 N.H. 231, 233, 51 A. 920, 921 (1902); see State v. Doyle, 117 N.H. 789, 378 A.2d 1379 (1977).
Remanded.