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In re Estate of McCarty

166 N.H. 548 (N.H. 2014)
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In re Estate of McCarty

5 Citing cases

  1. State v. S.T.

    NO. 218-2015-CR-01774 (N.H. Super. Sep. 20, 2016)

    In other words, "if the legislature desired to limit the application of [RSA 651:5, II,] it could have done so explicitly . . . ." Grafton County Attorney's Office v. Canner, ___ N.H. ___ (decided Aug. 23, 2016) (slip op. at 7) (citing In re Estate of McCarthy, 166 N.H. 548, 551 (2014)). Although it is equally true that paragraph V does not contain language of exception relating to paragraph II (e.g., "except as provided in paragraph II . . ."), this makes sense given that none of the provisions of the annulment statute note when a preceding paragraph or subparagraph creates an exception, only when a subsequent paragraph or subparagraph does so.

  2. In re Sweatt

    170 N.H. 414 (N.H. 2017)   Cited 3 times
    Concluding that, "because the respondent did not raise [his appellate] arguments in the trial court or in a timely motion for reconsideration, they are not preserved for our review"

    "Moreover, we do not consider words and phrases in isolation, but rather within the context of the statute as a whole." In re Estate of McCarty, 166 N.H. 548, 550, 100 A.3d 523 (2014). RSA 458:16–a, II provides, in pertinent part: "When a dissolution of a marriage is decreed, the court may order an equitable division of property between the parties."

  3. Grafton Cnty. Attorney's Office v. Canner

    169 N.H. 319 (N.H. 2016)   Cited 5 times
    Explaining that allowing public access to records of arrests and prosecutions that have been annulled will not subvert the legal fiction created by the annulment statute that the person be treated in all respects as if he had never been arrested, convicted or sentenced, because, if the person is asked if he had been arrested, he could answer in the negative

    See, e.g., In re Estate of McCarty , 166 N.H. 548, 551, 100 A.3d 523 (2014) (observing that if the legislature desired to limit the application of a statute it could have done so explicitly and "we will not add language that the legislature did not see fit to include"). Doe also argues that, because he was acquitted of all charges, the purpose of an annulment—to "eliminate the negative consequences of having a criminal record"—can be achieved only if the "social and economic stigma resulting from having an arrest record and publicly accessible records relating to [his] criminal case" is removed.

  4. In re Petition Lundquist

    168 N.H. 629 (N.H. 2016)   Cited 3 times

    In matters of statutory interpretation, we are the final arbiter of the intent of the legislature as expressed in the words of the statute considered as a whole. In re Estate of McCarty, 166 N.H. 548, 550, 100 A.3d 523 (2014). We first look to the language of the statute itself, and, if possible, construe that language according to its plain and ordinary meaning.

  5. In re Harman

    168 N.H. 372 (N.H. 2015)   Cited 3 times
    Upholding trial court's determination that it lacked authority to vacate the parties’ divorce decree where parties did not argue fraud, accident, mistake, or misfortune, but rather argued that vacating their decree was required because they had reconciled

    We review the trial court's rulings on questions of law, including statutory interpretation, de novo. In re Estate of McCarty, 166 N.H. 548, 550, 100 A.3d 523 (2014). In matters of statutory interpretation, we are the final arbiter of the intent of the legislature as expressed in the words of the statute considered as a whole.