Hubbard v. Wood
Superior Court of New Hampshire
Appeal from a decree of the judge of probate for this county. The following facts appeared in evidence. Luther E. Stevens, of Claremont, died in the month of September, 1839, leaving a widow, Joanna S. Stevens, now Joanna S. Wood. By his will she was made his executrix, but she dei clined the trust, and Ambrose Cossit was appointed administrator with the will annexed, on the 28th day of September, 1839. The estate was administered in the insolvent course.
Read the full summary
Appeal from a decree of the judge of probate for this county. The following facts appeared in evidence. Luther E. Stevens, of Claremont, died in the month of September, 1839, leaving a widow, Joanna S. Stevens, now Joanna S. Wood. By his will she was made his executrix, but she dei clined the trust, and Ambrose Cossit was appointed administrator with the will annexed, on the 28th day of September, 1839. The estate was administered in the insolvent course. The claims proved before the commissioners amounted to $15971.00, and the avails of the sales in the hands of the administrator amounted to…
1Opinion of the CourtGilchrist, J.
It is unnecessary in this case to consider any other than the fourth reason for the appeal; for if the question whether the appellee be legally entitled to an allowance, be answered in the negative, the other reasons will become immaterial.
The law by virtue of which this allowance was made, is the 1st section of ch. 165 of the Revised Statutes. This section provides that the judge of probate may make to the widow of an intestate a reasonable allowance out of the personal estate, for her “ present support.” It purports to have been made under the 17th section of the act of July 2, 1822, N. H.…
2Cited by2 opinions
- Mathes v. BennettSuperior Court of New Hampshire · 1850
- Kingman v. KingmanSuperior Court of New Hampshire · 1855