In re The Omega Trust
Annotate this CasePetitioner David Apostoloff appealed a circuit court order dismissing his petition to validate a purported amendment to the Omega Trust. He contended the court erred in dismissing his petition by finding the grantor did not substantially comply with the terms of the trust regarding amendments, and that there was not clear and convincing evidence that the grantor intended to amend his trust. Taking all of the facts alleged in the petition as true, and applying them against the applicable law, the New Hampshire Supreme Court concluded that the allegations constituted a basis for legal relief. Thus, petitioner has sufficiently pled his case to survive a motion to dismiss. Accordingly, the circuit court’s order was reversed and the matter remanded for further proceedings.
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