Heirs & Legatees of Porter's Estate v. Heydock
Supreme Court of Vermont
Appeal from the decree of the probate court. The facts sufficiently appear from the opinion of the court. — 1. The commissioner’s report shows that the testatrix had her domicil in New Hampshire when she died, and that administration was taken there on her estate by the defendant; and also that the defendant took an ancillary administration on the same estate here.
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Appeal from the decree of the probate court. The facts sufficiently appear from the opinion of the court. — 1. The commissioner’s report shows that the testatrix had her domicil in New Hampshire when she died, and that administration was taken there on her estate by the defendant; and also that the defendant took an ancillary administration on the same estate here. Now it is contended by the defendant that the final settlement and distribution of the estate must be made in New Hampshire, and that the heirs and legatees must apply there for such portions of the estate as they are entitled to…
1Opinion of the Court
The opinion of the court was pronounced by
Phelps, J.
— Martha Porter, it appears, was a citizen of New-Hampshire, and died there, leaving a will. The appellant took letters testamentary upon her estate (or letters of administration, which does not appear, nor is it important) in that state. But the testator being possessed of a large estate situate in this state, it became necessary to take letters of administration in this state also, with the will annexed; which it seems was done. By virtue of this authority, the appellant possessed himself of a large property, and in pursuance of the…
2Cases cited1 opinion
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
3Cited by12 opinions
- Matter of Accounting of HughesNew York Court of Appeals · 1884
- In re Joyslin's EstateSupreme Court of Vermont · 1903
- Shegogg v. PerkinsSupreme Court of Arkansas · 1879
- Harrison v. MahornerSupreme Court of Alabama · 1848
- In re Lawrence's WillSupreme Court of Vermont · 1919
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