Managle v. Parker
Supreme Court of New Hampshire
Probate Appeal, from the allowance of the will of Hannah Stevens. Trial by the court. Transferred from the . September term, 1907, of the superior court by Peaslee, J. The appellant assigned the following reason for her appeal: “That the said alleged will was in fact a copy of a will made by said Hannah Stevens and by her believed to be cancelled when she destroyed the copy in her possession, which she supposed and believed to be in fact her last will and testament.
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Probate Appeal, from the allowance of the will of Hannah Stevens. Trial by the court. Transferred from the . September term, 1907, of the superior court by Peaslee, J. The appellant assigned the following reason for her appeal: “That the said alleged will was in fact a copy of a will made by said Hannah Stevens and by her believed to be cancelled when she destroyed the copy in her possession, which she supposed and believed to be in fact her last will and testament. That said will —the one in her possession- — was by her destroyed, and she intended and purposed to cancel any and all other…
1Opinion of the CourtBingham, J.
The reason assigned as the ground of appeal is, in substance, that the will offered for probate is not the will of Hannah Stevens, but a copy of a will which she at one time made and afterward destroyed, thereby intending to revoke any and all wills by her made. Had the allegation been simply that the will offered for probate was not the will of Hannah Stevens, a sufficient reason would have been assigned. Lane v. Hill, 68 N. H. 398. In the amendment the reason given is the same as that originally assigned. It is true that additional facts and conclusions of law are stated, showing wherein…
2Cases cited1 opinion
- Lane v. HillSupreme Court of New Hampshire · 1895