Reed v. Prescott
Supreme Court of New Hampshire
Bill in Equity, alleging that the plaintiff is heir to one half of the estate of James G. Thompson, of which the defendant James-L. Wilson is administrator; that the estate was represented as insolvent, and á commissioner appointed whose report was accepted by the probate court.
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Bill in Equity, alleging that the plaintiff is heir to one half of the estate of James G. Thompson, of which the defendant James-L. Wilson is administrator; that the estate was represented as insolvent, and á commissioner appointed whose report was accepted by the probate court. The bill further alleges that by fraud the defendant Prescott secured the allowance by the commissioner of certain claims against the estate which were not legal charges against it, and the acceptance of the commissioner’s report by the probate court; and by fraudulent practices kept the plaintiff in ignorance of the…
1Opinion of the CourtParsons, J.
The plaintiff’s remedy is an application to the probate court to vacate the decree accepting the commissioner’s report which it is alleged was obtained by fraud. Moore v. Carpenter, 63 N. H. 65, 66; Clough v. Moore, 63 N. H. 111, 113; McDermott v. Hayes, 60 N. H. 9; Ayer v. Messer, 59 N. H. 279, 280; Metcalf v. Gilmore, 59 N. H. 417, 437; Warner Bank v. Clement, 58 N. H. 533, 534; Flanders v. Lane, 54 N. H. 390, 392; Judge of Probate v. Lane, 51 N. H. 342, 348; Morgan v. Dodge, 44 N. H. 255, 258; Kimball v. Fisk, 39 N. H. 110, 120; Parker v. Gregg, 23 N. H. 416, 424, 425; Symmes v. Libbey,…
2Cases cited1 opinion
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
3Cited by9 opinions
- Lisbon Savings Bank & Trust Co. v. Estate of MoultonSupreme Court of New Hampshire · 1941
- Lamarre v. LamarreSupreme Court of New Hampshire · 1930
- Raymond v. GoodrichSupreme Court of New Hampshire · 1921
- Melvin v. MelvinSupreme Court of New Hampshire · 1904
- Scammon v. PearsonSupreme Court of New Hampshire · 1919
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