Judge of Probate v. Jackson
Supreme Court of New Hampshire
Scire Facias, sued out by Mary A. Dorr, under Gen. St., c. 187, s. 12, on a judgment recovered in the name of the judge of probate for the penalty of a bond given, in 1865, by Jackson (the other defendants being sureties), for the performance of his duties as trustee under the will of Henry W. Dorr. In 1875 Jackson was removed, and Lord was appointed trustee in his place. In 1876 Lord caused the suit to be brought in which the judgment was rendered.
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Scire Facias, sued out by Mary A. Dorr, under Gen. St., c. 187, s. 12, on a judgment recovered in the name of the judge of probate for the penalty of a bond given, in 1865, by Jackson (the other defendants being sureties), for the performance of his duties as trustee under the will of Henry W. Dorr. In 1875 Jackson was removed, and Lord was appointed trustee in his place. In 1876 Lord caused the suit to be brought in which the judgment was rendered. The brief statement of his claim, endorsed on the writ in that suit, was, that the action was brought at the request of Charles W. Lord, tiustee…
1Opinion of the CourtDob, C. J.
The question whether this process should have been sued out by the trustee or the beneficiary does not reach the equity of the case. It is immaterial whether the income which Mrs. Dorr should have received from the former trustee is paid to her by the defendants directly, or by them through the hands of the present trustee.
She is, in fact, the most interested person; and if she is not the “ person interested,” within the meaning of Gen. St., c 187, s. 12, the iormal defect in the procedure may be remedied by an amendment substituting the name of the trustee for hers. The defendants’ objection…
2Cited by5 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- Hazen v. QuimbySupreme Court of New Hampshire · 1881
- Merrill v. WoodburySupreme Court of New Hampshire · 1881