French v. Hoyt
Superior Court of New Hampshire
Trespass for breaking and entering the plaintiff’s close in Sandown. The parties agreed upon a statement of facts, by which it appeared that William H. Hoyt, the father of the defendants, died seized of the locus in quo — that his estate was represented insolvent ; and that Betsey Hoyt, who was administratrix of his estate, by virtue of a license from the Judge of Probate for the County of Rocking-ham, sold and conveyed the premises, in 1826, to one Samuel Smith,…
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Trespass for breaking and entering the plaintiff’s close in Sandown. The parties agreed upon a statement of facts, by which it appeared that William H. Hoyt, the father of the defendants, died seized of the locus in quo — that his estate was represented insolvent ; and that Betsey Hoyt, who was administratrix of his estate, by virtue of a license from the Judge of Probate for the County of Rocking-ham, sold and conveyed the premises, in 1826, to one Samuel Smith, who.conveyed the same to the plaintiff. The said Betsey is the mother of the defendants. The license to sell was granted on her…
1Opinion of the Court
Parker J.
By the statute of July 2, 1822, empowering the several judges of probate to license, executors, administrators and guardians to sell real estate in certain cases, it is enacted that in default of personal estate to answer the just demands against the estate of any per*371son deceased, the judge of probate, where the administration was granted, is empowered to license and authorize the executor or administrator of such estate to sell at public auction, so much of the real estate of the deceased as shall raise a sum of money to be fixed upon by the : judge, and sufficient for the purpose —…
2Cases cited2 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Genet v. TallmadgeNew York Court of Chancery · 1814
3Cited by3 opinions
- Boody v. EmersonSuperior Court of New Hampshire · 1845
- Hoit v. UnderhillSuperior Court of New Hampshire · 1839
- Merrill v. HarrisSuperior Court of New Hampshire · 1852