Chase v. Chase
Supreme Court of New Hampshire
Appeal, by the plaintiff, from a decree of the probate court. The defendant is the widow of Daniel Chase, and administratrix of his estate in Massachusetts. The plaintiff was a brother of the deceased, and is executor of the will of Sarah Chellis, who was the mother of Daniel and of the plaintiff.
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Appeal, by the plaintiff, from a decree of the probate court. The defendant is the widow of Daniel Chase, and administratrix of his estate in Massachusetts. The plaintiff was a brother of the deceased, and is executor of the will of Sarah Chellis, who was the mother of Daniel and of the plaintiff. It was conceded that for many years prior to May 23, 1885, the domicile of Daniel was in Boston, Massachusetts; that on that day he went with his wife to Cornish in this county, where he remained until his death, November 3 of the same year. The plaintiff contended that at the time of •his decease…
1Opinion of the CourtSmith, J.
1. A party may give in evidence his declarations in his own favor, if they accompany some act and are part of the res yestce. The declarations of Chase, testified to by Emmons, appear to come within this rule. His intention in going to Cornish was material on the question of domicile. What he said therefore at the time as to his purpose, whether it was to remain permanently or to return to Boston after a time, was admissible. His declarations appear to have been made in the ordinary course of business, and are explanatory of his intention in going to Cornish. Sessions v. Little, 9 N. H. 271;…
2Cases cited1 opinion
- Allen v. ThomasCourt of Appeals of Kentucky · 1860
3Cited by4 opinions
- Croop v. WaltonIndiana Supreme Court · 1927
- Wilbur v. Town of CalaisSupreme Court of Vermont · 1916
- Every v. Supervisors of Madison ChecklistSupreme Court of New Hampshire · 1984
- Willis v. Plymouth & Campton Telephone Exchange Co.Supreme Court of New Hampshire · 1910