Rossiter v. Cossit
Superior Court of New Hampshire
Appeal from a decree of the judge of probate, allowing tbe appellants, among other items, certain sums paid for the redemption of certain parcels of real estate.
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Appeal from a decree of the judge of probate, allowing tbe appellants, among other items, certain sums paid for the redemption of certain parcels of real estate. The case was submitted to the court upon a statement of facts, showing that Luther E. Stevens, late of Claremont, died on the 9th day of September, 1889, leaving no child, and having by his last will devised to a third person a small piece of land, and the remainder of all his property to his wife, Joan Stevens, and appointed her his executrix; that on September 18th, 1839, the said Joan declined to administer on her husband’s…
1Opinion of the CourtParker, C. J.
We cannot adopt the principle suggested in the argument for the appellee, that the administrator is to be allowed the amount he has paid in the redemption of the mortgage to the wardens of Union Church, if he acted in good faith merely. The case of Vez vs. Emery, 5 Ves. 144, cited by the counsel for the appellee, is very express upon this point. The master of the rolls there says, “ this defendant, the executor, finding this counter-note among the testator’s effects, and being called upon by the testator’s brother for the ¿£600, under the first note, very *42incautiously, but I believe very…
2Cases cited6 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Rogers v. RogersNew York Court of Chancery · 1828
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Collins v. TorryNew York Supreme Court · 1810
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
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3Cited by2 opinions
- Adams v. HillSuperior Court of New Hampshire · 1854
- Hastings v. StevensSuperior Court of New Hampshire · 1854