Worthen v. New York Central & Hudson River Railroad
Supreme Court of New Hampshire
Probate Appeal, from a decree appointing the plaintiff administrator. Transferred without ruling from the October term, 1914, of the superior court by Kivel, J. Warren A. Hix was a resident of Massachusetts and was killed in that state while in the employ of the defendant. He left estate there which is being administered in the usual course. By a statute of Massachusetts, an action may be maintained by the administrator to recover damages for wrongfully causing death.
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Probate Appeal, from a decree appointing the plaintiff administrator. Transferred without ruling from the October term, 1914, of the superior court by Kivel, J. Warren A. Hix was a resident of Massachusetts and was killed in that state while in the employ of the defendant. He left estate there which is being administered in the usual course. By a statute of Massachusetts, an action may be maintained by the administrator to recover damages for wrongfully causing death. Upon petition of one who would be a beneficiary of such an action, representing that the cause of action was assets in this…
1Opinion of the CourtPeaslee, J.
The defendant herein seeks to appeal from a decree of the probate court appointing an administrator upon the estate of one Hix, and the question presented is whether it is entitled to take the appeal. More specifically, the question is, as stated in the defendant's brief, “whether a defendant in a cause of action for wrongful death, brought by an administrator appointed for the sole purpose of bringing such suit, is entitled to appeal from the decree of the probate court appointing the administrator.'' The statute provides that “any person aggrieved by a decree ... of a judge of probate,…
2Cases cited11 opinions
- Jeffersonville Railroad v. Swayne's AdministratorIndiana Supreme Court · 1866
- Norton's Appeal from ProbateSupreme Court of Connecticut · 1879
- Missouri Pacific Railway Co. v. BradleyNebraska Supreme Court · 1897
- Cooper v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1906
- In re the Estate of HardySupreme Court of Minnesota · 1886
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3Cited by3 opinions
- In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009
- Appleby v. TomCourt of Appeals of Texas · 1942
- In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009