Smith v. Wells
Supreme Court of New Hampshire
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…
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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
- Clough v. McDanielSupreme Court of New Hampshire · 1877
- English v. PorterSupreme Court of New Hampshire · 1884
3Cited by5 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Wickwire v. ReardWashington Supreme Court · 1951
- Proctor v. BlanchardSupreme Court of New Hampshire · 1909
- Wight v. StevensonMontana Supreme Court · 1953
- Jordan v. Jordan's EstateSupreme Court of New Hampshire · 1911