Jordan v. Jordan's Estate
Supreme Court of New Hampshire
Appeal, from the report of a commissioner in insolvency. Trial by the court and verdict for the plaintiff. Transferred from the May term, 1910, of the superior court by Pike, J. Cornelia Jordan died in 1909, intestate, leaving as heirs-at-law two sons, Sherman T. and Parker C., a daughter Mabel, and the children of a deceased daughter. William H. Sisson is the administrator of the estate.
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Appeal, from the report of a commissioner in insolvency. Trial by the court and verdict for the plaintiff. Transferred from the May term, 1910, of the superior court by Pike, J. Cornelia Jordan died in 1909, intestate, leaving as heirs-at-law two sons, Sherman T. and Parker C., a daughter Mabel, and the children of a deceased daughter. William H. Sisson is the administrator of the estate. Mabel is the plaintiff in this action, and her claim is for money loaned to Cornelia and paid at herrequest. Parker is the appellant, and the defence to the plaintiff’s claim was in fact made by him. The…
1Opinion of the CourtBingham, J.
The administrator was properly allowed to testify to facts occurring in the lifetime of the intestate; but by testifying he did not render the testimony of the plaintiff admissible, for he was a stranger to the suit and had no right to control it. Smith v. Wells, 70 N. H. 49, 52; Wheeler v. Towns, 43 N. H. 56, 57. The defendant, an heir to the estate, by filing the bond required by section 4, chapter 193, Public Statutes, and prosecuting the appeal, became the legal representative of the estate with respect to the matters in dispute in this suit, and entitled to exercise the election…
2Cases cited10 opinions
- Bean v. BeanSupreme Court of New Hampshire · 1902
- Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
- Perkins v. PerkinsSupreme Court of New Hampshire · 1878
- Parsons v. WentworthSupreme Court of New Hampshire · 1904
- Smith v. WellsSupreme Court of New Hampshire · 1899
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