Scammon v. Pearson
Supreme Court of New Hampshire
Bill in Equity, alleging that the plaintiffs’ testator, who was one of the executors of the will of his wife, Elizabeth H. Jaques, filed and settled an account of said trust in the probate court in 1906, and another in 1916; that the 1916 account was reopened in 1917, after his death, and a modified decree was made, from which the plaintiffs appealed and which appeal is now pending.
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Bill in Equity, alleging that the plaintiffs’ testator, who was one of the executors of the will of his wife, Elizabeth H. Jaques, filed and settled an account of said trust in the probate court in 1906, and another in 1916; that the 1916 account was reopened in 1917, after his death, and a modified decree was made, from which the plaintiffs appealed and which appeal is now pending. It is further alleged that both of said accounts are erroneous and should be corrected, and that certain distributions of stock and bonds to the estate should be treated as income. The prayer of the bill is “that…
1Opinion of the CourtPeaslee, J.
The plaintiffs seek in this bill for relief from certain decrees of the probate court. There is no suggestion that the decreea were not regularly made, and by well established law they are not subject to collateral attack. If for any reason they ought to be reopened, so that the proceedings leading up to them can be reviewed, the desired relief can be had only in some direct proceeding. They can be reopened only by a court of probate, and proceedings looking to that end must be begun by an appropriate motion or petition addressed to the judge of probate. Reed v. Prescott, 70 N. H. 88, and…
2Cases cited6 opinions
- Barrett v. CadySupreme Court of New Hampshire · 1915
- Fernald v. First Church of ChristSupreme Court of New Hampshire · 1913
- Reed v. PrescottSupreme Court of New Hampshire · 1899
- Greeley v. NashuaSupreme Court of New Hampshire · 1882
- Prescott v. FarmerSupreme Court of New Hampshire · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Smith v. Consul General of SpainSupreme Court of New Hampshire · 1969
- Scammon v. PearsonSupreme Court of New Hampshire · 1921