Allen v. Colburn
Supreme Court of New Hampshire
Probate Appeal. The appellant is administratrix de lords non of Elizabeth Marshall, who died intestate in 1862. The appellee is executor of the will of Almon D. Marshall, who was the husband of Elizabeth, and died testate September 15,1885. Almon was appointed administrator of his wife’s estate in February, 1863, and returned an inventory showing personal estate to the amount ■of $905.51. The records of the probate court show no further action by him as administrator.
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Probate Appeal. The appellant is administratrix de lords non of Elizabeth Marshall, who died intestate in 1862. The appellee is executor of the will of Almon D. Marshall, who was the husband of Elizabeth, and died testate September 15,1885. Almon was appointed administrator of his wife’s estate in February, 1863, and returned an inventory showing personal estate to the amount ■of $905.51. The records of the probate court show no further action by him as administrator. The appellant was appointed administratrix of Elizabeth in 1886. The defendant rendered an account of Almon’s administration…
1Opinion of the CourtAllen, J.
At common law, the right and title of the wife’s .personal estate was in the husband by virtue of the marriage. By the act of 1846 (Laws of 1846, c. 327) the wife became entitled to hold and enjoy in her own right property of which she was seized and possessed before marriage, and which by ante-nuptial contract it was agreed should be so held, and any property conveyed, devised, or bequeathed to her, to be so held free from the interference of her husband. And on the death of the wife intestate, by section 7 of the same act, all personal property so held by her vested in the husband.
The…
2Cases cited1 opinion
- Hatch v. KellySupreme Court of New Hampshire · 1884