Moses v. Julian
Supreme Court of New Hampshire
Theodore Moses, on the 16th day of September, 1861, made his will, and on the 16th of June, 1862, executed a codicil annexed to it, and subsequently died. At the court of probate, held at Exeter, on the day of 1863, for the County of Rockingham, the will was presented for probate by two of the executors named in it, the third having declined to act, and on the 14th day of January, 1863, it was proved and approved as said Moses’ last will.
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Theodore Moses, on the 16th day of September, 1861, made his will, and on the 16th of June, 1862, executed a codicil annexed to it, and subsequently died. At the court of probate, held at Exeter, on the day of 1863, for the County of Rockingham, the will was presented for probate by two of the executors named in it, the third having declined to act, and on the 14th day of January, 1863, it was proved and approved as said Moses’ last will. On the 26th day of February, 1863, the appellants, Luke Julian and his wife, Abigail T. Julian, who was a daughter, and one of the heirs at law of said…
1Opinion of the CourtBell, C. J.
The most perfect integrity that can be in judges is no hindrance why the parties, who have causes depending before them, may .not challenge them, or except against them, and why they ought not, of their own accord, to abstain from hearing causes in which they may have some interest, or where there may be some'just ground for suspecting *53them, and they themselves are obliged to declare the causes which may render them suspected, if the parties are ignorant of them; for although a judge may be above the weakness of suffering himself to be biased or corrupted, and may have resolution enough to…
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