Harrod v. Norris' Heirs

The only question which this case presents, is whether the attorney for absent heirs, appointed by the court of probates, is authorised to defend their interests before another tribunal.

The act relative to that court, passed on the 22d of February, 1817. sect. 5, directs, that in all vacant estates, it shall be the duty of every judge of probates, to appoint a person, learned in the law, to defend the interest of the absent heirs.

This is not a vacant estate, but if it was, I am of opinion that the attorney thus appointed, can act only in the court for which he is appointed. The statute treats…