Ayers v. Laighton
Supreme Court of New Hampshire
Probate Appeal. At tbe April term, 1905, of tbe superior court, tbe appeal was dismissed by Stone, J., on the ground that tbe reasons assigned therefor were not sufficient, and the appellant filed a bill of exceptions. January 24, 1901, tbe appellant and William J. Mendum, one of the heirs-at-law of Charles H. Mendum, were appointed administrators of the latter’s estate, giving a joint and several bond.
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Probate Appeal. At tbe April term, 1905, of tbe superior court, tbe appeal was dismissed by Stone, J., on the ground that tbe reasons assigned therefor were not sufficient, and the appellant filed a bill of exceptions. January 24, 1901, tbe appellant and William J. Mendum, one of the heirs-at-law of Charles H. Mendum, were appointed administrators of the latter’s estate, giving a joint and several bond. January 3, 1902, upon petition of the administrators, the estate was decreed to be administered in the insolvent course. Subsequeptly the defendant was appointed administrator de bonis non.…
1Opinion of the CourtWalker, J.
The appeal properly presents the question whether the action of the probate court in charging the plaintiff with the net income of the real estate received by the administrators, under the circumstances alleged, can be sustained. The statute provides that “ the administrator shall receive the rents and profits of the real estate, in case the estate is insolvent, and kee,p the same in repair, and account for the net proceeds thereof in nis administration account.” P. S., c. 189, s. 13. It is substantially alleged in the appeal that for nearly a year after the grant of administration the…
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