Wendell v. French
Superior Court of New Hampshire
Appeal from the decree of the judge of probate, allowing certain charges in the account of the appellee, as administrator de bonis non, with the will annexed, of the late William Gardner. The facts found and reported by the auditor, to whom the case was committed, as well as the reasons of appeal necessary to a proper understanding of it, appear in the opinion.
1Opinion of the CourtWoods, J.
It appears from the evidence in this case, that the appellant, Abraham Wendell, in the right of his wife, claimed an interest in certain property of the late Col. Gardner, bequeathed by him to his nearest relatives, subject to a power of appointment, to be exercised by his widow, Sarah Gardner, since deceased. That the appellant, with others claiming a like interest in the property, and desiring to test the validity of an appointment set up, or attempted to be made by Sarah Gardner, in her lifetime, and, in short, to gain possession of the property or its avails, if justly entitled to it,…
2Cases cited2 opinions
- Griswold v. ChandlerSuperior Court of New Hampshire · 1832
- Griswold v. ChandlerSuperior Court of New Hampshire · 1831
3Cited by1 opinion
- Gelinas v. Sterling Industrial Corp.Supreme Court of New Hampshire · 1994