Clough v. Wilton
Supreme Court of New Hampshire
■ Probate Appeal. The probate court allowed the will of Ella A. Higginson on March 3, 1917, and the defendant appealed from that decree on May 3 of that year. The plaintiffs moved to dismiss because the appeal was not claimed within sixty days after the decree appealed from was made. Transferred by Sawyer, J., without a ruling, from the May term, 1918, of the superior court.
1Opinion of the CourtYoung, J.
The fact P. S., c. 2, s. 34, provides that the day from which time is to be reckoned is to be excluded in computing the time within which an act must be done, tends to the conclusion that that is the only day to be excluded in making the computation. As there is nothing to rebut this conclusion it must be held that the appeal was not claimed within the time limited by P. S., c. 200, s. 2. It does not necessarily follow that the appellant is remediless, for ss. 7-9 of this chapter provide that one who is prevented from claiming an appeal by accident, mistake or misfortune may petition the…
2Cases cited2 opinions
- St. Pierre v. FosterSupreme Court of New Hampshire · 1908
- Grout v. ColeSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Broderick a Ap'ts v. SmithSupreme Court of New Hampshire · 1942
- Miller v. Town of TiltonSupreme Court of New Hampshire · 1995