Page v. Boynton
Supreme Court of New Hampshire
Appeal, from a decree of the probate court, disallowing the plaintiff’s claim for the fees of counsel employed by him to defend a suit brought against him on the bond given by him as executor. Pacts found by the court. The defendant is the widow of the testator, and the mother of two daughters, one of whom has received her legacy. The other daughter, having arrived at the age of fourteen years, elected the defendant for guardian, and she was appointed.
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Appeal, from a decree of the probate court, disallowing the plaintiff’s claim for the fees of counsel employed by him to defend a suit brought against him on the bond given by him as executor. Pacts found by the court. The defendant is the widow of the testator, and the mother of two daughters, one of whom has received her legacy. The other daughter, having arrived at the age of fourteen years, elected the defendant for guardian, and she was appointed. The guardian demanded of the executor a legacy alleged to be due the ward, and the executor refused to pay it, contending that under the will…
1Opinion of the CourtDoe, C. J.
It is not found that the executor judiciously or reasonably allowed the suit against himself to be brought as a substitute for a bill in equity for a construction of the will; and’ the facts show that a judicial construction of' the will was not needed. Whatever doubt the executor might have entertained on the question of construction, no litigation or judicial order was necessary to resolve it. The daughter, being fourteen years old, made choice of her mother as guardian, and her mother was appointed. The question raised by the executor was, whether the mother, as guardian, was entitled to…
2Cases cited1 opinion
- Tilton v. American Bible SocietySupreme Court of New Hampshire · 1880
3Cited by1 opinion
- In re Estate of JonesSupreme Court of New Hampshire · 1978