Clarke v. Clay
Superior Court of New Hampshire
Appeal from the decree of the judge of probate, taken by "William M. Clarke, administrator of the estate of Polly Clay, late of Thornton, deceased. The case was committed to an auditor, from whose report the following facts appeared. On the 18th day of April, 1850, Polly Clay died intestate, leaving her husband, Nathan Clay, the appellee, her sole heir.
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Appeal from the decree of the judge of probate, taken by "William M. Clarke, administrator of the estate of Polly Clay, late of Thornton, deceased. The case was committed to an auditor, from whose report the following facts appeared. On the 18th day of April, 1850, Polly Clay died intestate, leaving her husband, Nathan Clay, the appellee, her sole heir. William M. Clarke, the appellant, was soon after-duly appointed administrator on her estate; and this controversy is between the said administrator and the said. Nathan Clay. On the 8th of September, 1853, the following account was made out. “…
1Opinion of the CourtEastman, J.
Upon the state of facts reported by the auditor, the first question presented is, whether the judge of probate decided correctly, in requiring the administrator to produce his accounts and vouchers for the same.
We have, in our reports, three decisions which bear upon this question.
Giles v. Churchill, 5 N. H. Rep. 337, was where the heirs of an intestate estate agreed to administer the estate without letters of administration, and one of them paid a *401creditor of the deceased his debt in goods belonging to the estate of the intestate, and it was held that another of the heirs, who was afterwards…
2Cases cited5 opinions
- Leavitt v. WoosterSuperior Court of New Hampshire · 1844
- Griswold v. ChandlerSuperior Court of New Hampshire · 1832
- Kittredge v. BettonSuperior Court of New Hampshire · 1843
- Giles v. ChurchillSuperior Court of New Hampshire · 1831
- Hibbard v. KentSuperior Court of New Hampshire · 1844