Norris v. Towle
Supreme Court of New Hampshire
Appeal, by Jonathan P. Norris against Levi Towle, from a decree of the judge of probate> made on the settlement of the account of said Towle as administrator of the estate of Gilman Corliss, late of Meredith, deceased, the appellant being the guardian of the minor and only heir of the estate of the deceased. The parties agree upon the following facts : Corliss died in April, 1866, and ToWle was appointed administrator on his estate in May after.
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Appeal, by Jonathan P. Norris against Levi Towle, from a decree of the judge of probate> made on the settlement of the account of said Towle as administrator of the estate of Gilman Corliss, late of Meredith, deceased, the appellant being the guardian of the minor and only heir of the estate of the deceased. The parties agree upon the following facts : Corliss died in April, 1866, and ToWle was appointed administrator on his estate in May after. Some time in March of the same year Towle gave to Corliss his note for $300, payable on demand with interest annually, which note was due and unpaid…
1Opinion of the CourtIsaac W. Smith, J.
The administrator should have been charged for the full amount of his note to the intestate. No part of it had ever been paid or released or otherwise discharged, and we are unable to see upon what principle he was only charged for fifty per cent, of the amount due upon it. The fact that his estate in bankruptcy paid a dividend of less than fifty per cent, is of no consequence. If the plaintiff, to whom as guardian of the minor child and sole heir of the appellee’s intestate the sum found in the hands of the appellee as administrator upon settlement of his account is payable, should desire to…
2Cases cited1 opinion
- Gottsberger v. SmithThe Superior Court of New York City · 1856