Dodge v. Stickney
Supreme Court of New Hampshire
Petition, for leave to appeal from a decree of the probate court. Pacts found by a referee. George H. Dodge died in 1862, leaving a widow, seven children (the petitioners), and a will, with Stickney as executor. The widow waived the provisions of the will, but is not a party to this petition.
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Petition, for leave to appeal from a decree of the probate court. Pacts found by a referee. George H. Dodge died in 1862, leaving a widow, seven children (the petitioners), and a will, with Stickney as executor. The widow waived the provisions of the will, but is not a party to this petition. Among the assets was a mortgage from W. H. H. Bailey to Dodge to secure two notes — - one for $2,800, another for $1,790 — and also the reconveyance of a large number of shares of Manchester & Lawrence Railroad stock which Dodge had loaned to Bailey. The mortgage was not signed by Bailey’s wife. Dodge,…
1Opinion of the CourtStanley, J.
As the petitioners cannot now appeal from the decree of the judge of probate, as a matter of right (G. L., c. 207, s. 2), they ask leave to appeal under G. L., c. 207, s. 9, which is as follows: “ If it appear that the petitioner has not unreasonably neglected to appeal, and that injustice has been done by the decision of the judge, such appeal shall be allowed, heard, and tried on such petition.” One point decided by the referee is, that no injustice has been done by the probate decree. On that issue it is suggested that it is only necessary for the petitioners to present a prima facie case,…
2Cases cited5 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Berger v. DuffNew York Court of Chancery · 1820
- Upson v. BadeauNew York Surrogate's Court · 1854
- Doe ex dem. Skipwith v. RobinsonCourt of Appeals of Mississippi · 1852
- Niles & Sherwood v. StevensNew York Supreme Court · 1847
3Cited by4 opinions
- Laramore v. LaramoreSupreme Court of Florida · 1953
- In Re Estate of RosenthalDistrict Court of Appeal of Florida · 1966
- Matter of Estate of HellerCourt of Appeals of Iowa · 1986
- Little River Bank & Trust Co. v. PeskinDistrict Court of Appeal of Florida · 1966