Parker's Appeal
Superior Court of New Hampshire
Petition for the allowance of an appeal from a decree of the judge of probate. At the hearing upon the petition, it appeared that the petitioner was executor of the will of Eli Metcalf, and that he rendered his account at a court of probate held on the first Tuesday of September, 1888. In his account he charged the estate of the testator with sundry sums amounting to $1183.48, one of which sums was the amount of a legacy bequeathed to the American Home Missionary Society,…
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Petition for the allowance of an appeal from a decree of the judge of probate. At the hearing upon the petition, it appeared that the petitioner was executor of the will of Eli Metcalf, and that he rendered his account at a court of probate held on the first Tuesday of September, 1888. In his account he charged the estate of the testator with sundry sums amounting to $1183.48, one of which sums was the amount of a legacy bequeathed to the American Home Missionary Society, and the validity of which depended on the question whether the society, not being incorporated, could take the bequest.…
1Opinion of the CourtGilchrist, J.
The law provides that the person who appeals from a decree of the judge of probate shall give a bond to prosecute his appeal, and shall give notice of such appeal by publica^ tion in some newspaper printed in the county, Rev. Stat., ch. 170, § 3 and 4. If these provisions be not complied with, this court cannot take cognizance of the appeal, but it must be dismissed. Although an appeal may have been claimed within sixty days of the time of the decree, according to the statute, still without a compliance with these provisions there is no valid appeal. There is only a foundation laid for an…
2Cited by4 opinions
- Kinnear Corp. v. Crawford Door Sales Co.District Court, D. South Carolina · 1970
- Grout v. ColeSupreme Court of New Hampshire · 1876
- Guarantee Mutual Assurance Co. of America v. Middlesex Mutual InsuranceSupreme Court of New Hampshire · 1975
- Clark v. CourserSuperior Court of New Hampshire · 1854