Stewart v. Harriman
Supreme Court of New Hampshire
From the Merrimack Probate Court. For the purpose of raising certain questions of law only, the following facts were agreed, viz., — This case is an appeal from the decree of the judge of probate of said county of Merrimack, proving and approving a certain paper as the last will of Francis Davis, late of Warner, in said county, deceased.
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From the Merrimack Probate Court. For the purpose of raising certain questions of law only, the following facts were agreed, viz., — This case is an appeal from the decree of the judge of probate of said county of Merrimack, proving and approving a certain paper as the last will of Francis Davis, late of Warner, in said county, deceased. The said testator died on August 3, 1872, and said instrument was proved in common form as the last will of said Francis Davis, at a probate court,- held in and for said county, at Concord, August 27,1872. A petition, bearing date August 9, 1873, of Judith H.…
1Concurrence
It would be little less than absurd to hold that a petition for the reexamination of the probate of a will must not only be filed, but that a hearing or trial thereon should be had, and a decree or judgment rendered, all within the space of one year from the probate of the will such a result could not ordinarily be reached by the use even of the utmost diligence. If the legislature intended such a construction should be put upon the statute — Gen. Stats., ch. 175, sec. 7 — they have failed to say so and too serious consequences are involved to warrant us in holding that such intent is to be…
2Cases cited9 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Meyer v. FoggSupreme Court of Florida · 1857
- McDonough v. LoughlinNew York Supreme Court · 1855
- Jones v. LarrabeeSupreme Judicial Court of Maine · 1860
- Lucy v. LucySupreme Court of New Hampshire · 1874
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