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Gray v. Gray — 1st Cir. (Sep 14, 2026)

No. 22-1349 Argued September 14, 2026 Published September 21, 2026

The First Circuit hears six consolidated appeals in a dispute among three brothers over family trusts and estate. One trust reserved a maintenance fund for property in Grafton, New Hampshire; most assets were for the sons. Evan Gray sued his brother Chester, known as Skip, over management of the trusts and estate. When a probate court replaced Skip with Evan as executor, the federal court dismissed two claims as moot. After a four-day bench trial, it ruled mostly for Skip, ordering only $170 in reimbursement. The appeals ask whether Evan's new role ended a live controversy, whether claims reaching trust assets belong in federal court, and whether the trial rulings should stand. The probate exception bars federal courts from administering estates or disposing of property held by a probate court. The panel first asks whether an unresolved counterclaim prevents a final judgment.

Gray v. Gray (No. 22-1349) — U.S. Court of Appeals for the First Circuit, argued September 14, 2026.

Sources
Argument audio — U.S. Court of Appeals for the First Circuit (public domain, 17 U.S.C. § 105):https://www.ca1.uscourts.gov/sites/ca1/files/oralargs/22-1349_20260914.mp3
Argument listing — U.S. Court of Appeals for the First Circuit:https://www.ca1.uscourts.gov/doar/results/2026-09
Argument calendar — U.S. Court of Appeals for the First Circuit:https://www.ca1.uscourts.gov/sites/ca1/files/calendar.pdf?simple=True
Order after bench trial — U.S. District Court for New Hampshire:https://www.nhd.uscourts.gov/sites/default/files/Opinions/2023/23NH001.pdf
Later Gray litigation order — U.S. District Court for New Hampshire:https://www.nhd.uscourts.gov/sites/default/files/Opinions/2024/25NH053.pdf
Probate-exception order — U.S. District Court for New Hampshire:https://www.nhd.uscourts.gov/sites/default/files/Opinions/19/19NH207.pdf
Marshall v. Marshall — Supreme Court of the United States:https://www.govinfo.gov/content/pkg/USREPORTS-547/pdf/USREPORTS-547-293.pdf
Appellate docket — Gray v. Gray:https://dockets.justia.com/docket/circuit-courts/ca1/22-1349
Benjamin Siracusa Hillman — Shaheen & Gordon:https://www.shaheengordon.com/attorneys/benjamin-siracusa-hillman/
Benjamin T. Siracusa Hillman — New Hampshire Bar Association:https://member.nhbar.org/calendar/signup/MzA5Mg%3D%3D

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