Legal Opinion

Tuck v. Nelson

Supreme Court of New Hampshire

Decided June 5, 1883PublishedCited by 3 opinions

Probate Appeal, from a decree upon the settlement of the plaintiff’s account as administrator of his deceased wife’s estate, charging him with money in savings-banks and six shares of railroad stock standing in her name.

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Probate Appeal, from a decree upon the settlement of the plaintiff’s account as administrator of his deceased wife’s estate, charging him with money in savings-banks and six shares of railroad stock standing in her name. The court at the trial term found that the railroad shares were bought with the plaintiff’s money, and were gifts from him to his' wife, and that he was rightly charged therefor, but that the money in the savings-banks standing in the name of the wife was not her property, but was the property of the plaintiff, and that the decree should be modified accordingly. The plaintiff…

1Opinion of the CourtClabk, J.

The question presented is, whether the plaintiff should have been permitted to testify as to the understanding between him and his wife as to the ownership of the shares of stock of which she had the legal title, either as a matter of right or discretion, to prevent injustice. It is said in Moore v. Taylor, 44 N. H. 375, and affirmed in Chandler v. Davis, 47 N. H. 462, 464, that the design of the provision in the statute which excludes the survivors from testifying against the estate of a deceased party is to place the parties upon equal footing, and not allow the living party to a trade or…

2Cases cited2 opinions

  1. Ela v. EdwardsMassachusetts Supreme Judicial Court · 1867
  2. Preble v. PrebleSupreme Judicial Court of Maine · 1882

3Cited by3 opinions

  1. Parsons v. WentworthSupreme Court of New Hampshire · 1904
  2. Jordan v. Jordan's EstateSupreme Court of New Hampshire · 1911
  3. Perkins v. PerkinsSupreme Court of New Hampshire · 1895

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