Preston v. Cole
Supreme Court of New Hampshire
Probate Appeal, from a decree of distribution of the personal estate of Abby P. Brown, deceased, intestate. The heirs at law of the intestate are eleven nephews and nieces and one grandniece. They are the descendants of five brothers and sisters of the intestate, all deceased. One of the appellants is the only child of a brother of the deceased, and the other the only child of a sister.
Read the full summary
Probate Appeal, from a decree of distribution of the personal estate of Abby P. Brown, deceased, intestate. The heirs at law of the intestate are eleven nephews and nieces and one grandniece. They are the descendants of five brothers and sisters of the intestate, all deceased. One of the appellants is the only child of a brother of the deceased, and the other the only child of a sister. Three of the heirs are children of another sister, four of a brother, two of another brother, and one the child of the deceased daughter of the last named brother. The probate court decreed tbe estate to be…
1Opinion of the CourtSmith, J.
The distributees of the personal estate of the intestate are eleven nephews and nieces, children of five deceased brothers and sisters of the intestate, and one grandniece, child of the deceased daughter of one of the deceased brothers. G. L., c. 208, s. 1; Laws 1883, c. 72. The single question is, whether the twelve claimants take per capita or per stirpes, and if per stirpes, whether the roots or principals are the five deceased brothers and sisters, or their twelve children.
When the claimants all stand related to the intestate in equal degree they take per capita, representation not being…
2Cases cited2 opinions
- Davis v. StinsonSupreme Judicial Court of Maine · 1866
- Doane v. FreemanSupreme Judicial Court of Maine · 1858
3Cited by4 opinions
- O'REILLY v. JacksonSupreme Court of Missouri · 1954
- In re Martin's EstateSupreme Court of Vermont · 1923
- In re Estate of LockeSupreme Court of New Hampshire · 2002
- In re Estate of MartineauSupreme Court of New Hampshire · 1985