Legal Opinion

Perkins v. Perkins

Supreme Court of New Hampshire

Decided August 5, 1878PublishedCited by 6 opinions

Probate Appeal, from the allowance of the administration account of the defendant, showing a balance due her from the estate. Pacts found by a referee. The plaintiff, appellant, is an heir-at-law of Hollis Perkins, deceased. The defendant is his widow and administratrix.

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Probate Appeal, from the allowance of the administration account of the defendant, showing a balance due her from the estate. Pacts found by a referee. The plaintiff, appellant, is an heir-at-law of Hollis Perkins, deceased. The defendant is his widow and administratrix. In her account, she charged herself with the income of the deceased’s real estate accruing after his death, and credited herself with the expense of repairs, carrying on the real estate, and the payment of taxes assessed upon it during the same period. She also credited herself with her personal claim against the estate,…

1Opinion of the CourtAllen, J.

The estate of Hollis Perkins being solvent, his real estate on his death vested in his heirs-at-law, and the administratrix improperly charged herself with the income arising after his death. The credits of expense in carrying it on, of the cost of repairs, and of taxes assessed upon it for the same period, were also erroneous, and the account should be corrected by omitting these items. Lucy v. Lucy, 55 N. H. 9.

It was the duty of the judge of probate to examine and adjust the private personal claim of the administratrix. Gen. St., c. 177, s. 10. The statute providing that the judge of…

2Cases cited1 opinion

  1. Lucy v. LucySupreme Court of New Hampshire · 1874

3Cited by6 opinions

  1. Parsons v. WentworthSupreme Court of New Hampshire · 1904
  2. Weston v. Second Orthodox Congregational SocietySupreme Court of New Hampshire · 1919
  3. Drew v. McDanielSupreme Court of New Hampshire · 1881
  4. Fleming v. AikenSupreme Court of New Hampshire · 1974
  5. Rollins v. RollinsSupreme Court of New Hampshire · 1914

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