Legal Opinion

Smith v. Wells

Supreme Court of New Hampshire

Decided December 5, 1899PublishedCited by 5 opinions

Probate Appeal. Facts found by a referee, who reports as follows: This case is an appeal by the administrator of the estate of Sarah T. Sargent, who died February 26, 1897, from the allowance by the commissioner on her estate, of a promissory note of the following tenor: “ In consideration of money loaned me at different times, and for other good and valuable consideration, in all to the value of one thousand dollars, I promise to pay Mrs. Anna P. Gordon, or her order, on…

Read the full summary

Probate Appeal. Facts found by a referee, who reports as follows: This case is an appeal by the administrator of the estate of Sarah T. Sargent, who died February 26, 1897, from the allowance by the commissioner on her estate, of a promissory note of the following tenor: “ In consideration of money loaned me at different times, and for other good and valuable consideration, in all to the value of one thousand dollars, I promise to pay Mrs. Anna P. Gordon, or her order, on the first day of January, 1890, one thousand dollars, with interest annually from the date hereof. “ Gilford, July 12,…

1Opinion of the CourtBlodgett, C. J.

Gordon was a competent witness. He was not a party of record, nor was he a party in interest within the language or intent of the statute (P. S., c. 224, s. 16) excluding the testimony of a party where the adverse party is an administrator, etc., and declines to testify.

To disqualify a person as a witness against an administrator under this statute, it must be shown “ that he is the party in interest, — the party who really carries on the controversy, under a party who has no interest in it, and is merely a nominal party, or under one who is fully indemnified. ” Townsend v. Riley, 46 N. H.…

2Cases cited2 opinions

  1. Clough v. McDanielSupreme Court of New Hampshire · 1877
  2. English v. PorterSupreme Court of New Hampshire · 1884

3Cited by5 opinions

  1. Arthur & Co. v. BurkeWashington Supreme Court · 1915
  2. Wickwire v. ReardWashington Supreme Court · 1951
  3. Proctor v. BlanchardSupreme Court of New Hampshire · 1909
  4. Wight v. StevensonMontana Supreme Court · 1953
  5. Jordan v. Jordan's EstateSupreme Court of New Hampshire · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API