Wilson v. Otis
Supreme Court of New Hampshire
' Probate Appeal, from the decree of distribution of the estate of George W. Otis. Trial at the September term, 1901, of the superior court, before Wallace, C. J. In the probate decree tbe defendants, wbo are brothers and sisters of the intestate, were recognized as his heirs, and as such entitled to the entire estate, subject to tbe widow’s rights therein.
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' Probate Appeal, from the decree of distribution of the estate of George W. Otis. Trial at the September term, 1901, of the superior court, before Wallace, C. J. In the probate decree tbe defendants, wbo are brothers and sisters of the intestate, were recognized as his heirs, and as such entitled to the entire estate, subject to tbe widow’s rights therein. Tbe appeal was taken by Wilson, administrator, tbe widow, and Arthur H. Edgerly or Otis, who claims to be the adopted son of the intestate, and wbo, if legally adopted, is the only heir, and with tbe widow is entitled to the entire estate.…
1Opinion of the CourtWalker, J.
Whether the administrator is a necessary party does not seem to be of importance in this case, and is not considered, since the widow and Arthur U. Edgerly or Otis on the one side, and the next of kin to the deceased on the other, are proper parties having a direct pecuniary interest in the distribution of the estate.
The question raised by the case is whether the defendants are entitled to inherit a part of the estate; and this depends upon the question whether Arthur was legally adopted by the deceased. If he was legally adopted, it is conceded that he would inherit the estate subject to the…
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