Eagan v. Kenney
Supreme Court of New Hampshire
Bill in Equity, to establish a resulting trust. Transferred from the May term, 1909, of the superior court by Chamberlin, J. The defendants are the administrator and heirs-at-law of James S. Kenney, and the plaintiff was his fiancee. Subject to exception, she was permitted to testify in relation to matters as to which he could have testified if living. If her testimony was admissible, there is to be a decree in her favor.
1Opinion of the CourtYoung, J.
The court found that James bought the house with the plaintiff’s money, and the evidence warrants the finding in so far as the plaintiff’s testimony was admissible. Although it was inadmissible against the administrator (Parsons v. Wentworth, 73 N. H. 122; P. S., c. 224, s. 16), it was admissible against the heirs-at-law (Crowley v. Crowley, 72 N. H. 241) ; for the mere fact that the administrator is a party does not make her testimony incompetent as to them. Weston v. Elliott, 72 N. H. 433. The bill therefore must be dismissed as to the administrator, but as to the heirs the decree stands;…
2Cases cited3 opinions
- Crowley v. CrowleySupreme Court of New Hampshire · 1903
- Parsons v. WentworthSupreme Court of New Hampshire · 1904
- Weston v. ElliottSupreme Court of New Hampshire · 1904
3Cited by2 opinions
- Ralls v. RallsCourt of Appeals of Texas · 1923
- Muir v. BartlettSupreme Court of New Hampshire · 1916