Drury v. Leland
Superior Court of New Hampshire
Where an estate has been represented insolvent, and the administrator appeals from a decision of the commissioners allowing the claim of a creditor, if a less sum is allowed the creditor in this court than was allowed by the commissioners, the administrator is entitled to costs.
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Where an estate has been represented insolvent, and the administrator appeals from a decision of the commissioners allowing the claim of a creditor, if a less sum is allowed the creditor in this court than was allowed by the commissioners, the administrator is entitled to costs. In this case, the commissioners appointed by the judge of probate to examine the claims against the estate of E. . Sherman, deceased, which had been represented insolvent by Leland, the administrator, allowed Drury, on bis claims against the estate, $291 28. Leland signified to Drury Ills objections to the sum…
1Opinion of the Court
Richardson. C. J.
This is a question of costs. The statute makes no express provision for the case, but the rule *410which must be applied is in our opinion extremely clear, The act for the equal distribution of insolvent estates, provides, that when a creditor appeals from the decision of the commissioners, if something, but not more than the commissioners allowed, is given to the creditor by the judgment of this court, costs shall not be taxed for the creditor, but may be taxed for the executor or administrator; and that when an executor or administrator appeals from the decision of…
2Cited by2 opinions
- Barron v. AshleySuperior Court of New Hampshire · 1827
- Phillips v. BennettSuperior Court of New Hampshire · 1855