Pickering v. Pendexter
Supreme Court of New Hampshire
This is an appeal from a decree of the judge of probate for this county, by which the defendant was appointed administratrix of the estate of Winthrop Pickering, late- of Newington, in said county, deceased. It is agreed that the deceased ivas an inhabitant of said Newington at the time of his death. His heirs at law and next of kin are, his brother, John L. Pickering, the appellant, his sister, Phebe P. Pendexter, and the children of James Pickering, a deceased brother.
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This is an appeal from a decree of the judge of probate for this county, by which the defendant was appointed administratrix of the estate of Winthrop Pickering, late- of Newington, in said county, deceased. It is agreed that the deceased ivas an inhabitant of said Newington at the time of his death. His heirs at law and next of kin are, his brother, John L. Pickering, the appellant, his sister, Phebe P. Pendexter, and the children of James Pickering, a deceased brother. At the time of the decease of Winthrop Pickering, on the 2d day of August, 1863, John L. Pickering, the appellant, was and…
1Opinion of the CourtBellows, J.
The question is, whether, under the circumstances disclosed, Mrs. Phebe P. Pendexter was rightfully appointed administratrix of the estate of Winthrop Pickering, she not being an inhabitant of this State.
The Revised Statutes, Ch. 158, sec. 2, (C. S., ch. 167 sec. 2,) provide that administration shall be granted, first to the executor named in the will; secondly, to the widow or any of the next of kin, or to such suitable person as they may nominate; thirdly, to one of the devisees or creditors; fourthly, to such other person as the judge may think proper.
The 4th section of the same statute is…
2Cited by1 opinion
- In Re Quirin EstateSupreme Court of New Hampshire · 1976