Batchelder v. Russell
Superior Court of New Hampshire
This was a writ of entry, for a certain tract of land in Mason, brought by the plaintiff, as administrator of the estate of Samuel Whiting, and was tried on the general issue at the present term.
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This was a writ of entry, for a certain tract of land in Mason, brought by the plaintiff, as administrator of the estate of Samuel Whiting, and was tried on the general issue at the present term. The plaintiff, in support of his title to the demanded premises, offered the copy of a judgment recovered by said Whiting in his lifetime against Samuel Tarbell, Jr., as executor of the last will of Samuel Tarbell, deceased, at the superior court, held at Amherst, on the third Tuesday of April, 1827, for the sum of $273-70 damages, and $>18'86 cost, on which judgment a pluries execution issued the 2d…
1Opinion of the CourtUpham, J.
The statute of July 2, 1822, § 9, 1 Laws N. H. 357, enacts that the estate of every person dying testate shall stand chargeable, so far as the rights of creditors are concerned, with the reasonable expenses of administration, and the funeral charges and just debts of the deceased.
Another statute of July 2, 1822, § 3, provides for an inventory to be returned by executors and administrators. It is, however, provided that if the executor be also residuary legatee, a bond may be taken only to pay the funeral charges, debts, and legacies, and to render an account when required.
This provision has…
2Cases cited3 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- Wyman v. BrigdenMassachusetts Supreme Judicial Court · 1808
3Cited by1 opinion
- Tappan v. TappanSuperior Court of New Hampshire · 1855