Gookin v. Sanborn
Superior Court of New Hampshire
Tms was an action of debt against Anna Sanborn and her sureties, upon a probate bond, given by the said Anna upon her appointment as administratrix of the estate of John P. Sanborn.
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Tms was an action of debt against Anna Sanborn and her sureties, upon a probate bond, given by the said Anna upon her appointment as administratrix of the estate of John P. Sanborn. The defendants were defaulted ; and among other sums claimed, upon a hearing in equity, by the plaintiff, was the amount of a judgment in favor of John Sanborn against Anna Sanborn, administratrix as aforesaid, rendered at August term of the common pleas, in this county, 1819, for $600 damage, and costs taxed at $64 25. This judgment was founded upon a report of referees, made under a rule . submitting’ to…
1Opinion of the Court
By the court.
The objection made by the defendant’s counsel must prevail. The statute of February 3j 1*789, entitled “ an act ordering the descent of intestate estates,” &.C.SCC.18, enacted, “that in case any creditor, to any estate, “ shall neglect to exhibit his or her demand against said “ estate to the executor or administrator, within the term “ of two years next after proving the will, or taking admin- “ istration, &c. such demand shall be extinguished, and the “ creditor totally barred from recovering the same.”
We entertain no doubt, that this provision in the statute was intended for…
2Cases cited3 opinions
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Burrill v. WestSuperior Court of New Hampshire · 1820
3Cited by5 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Tarbell v. WhitingSuperior Court of New Hampshire · 1829
- Judge of Probate v. RobinsSuperior Court of New Hampshire · 1830
- Campbell v. CampbellSuperior Court of New Hampshire · 1843
- Hodgdon v. WhiteSuperior Court of New Hampshire · 1840