Petition of French
Superior Court of New Hampshire
Petition for leave to appeal from a decree of a court of probate. The petitioner had, on the fourth Tuesday of April, in 1830, been appointed by that court guardian of Abigail M. Presby, and on the fourth Tuesday of June, 1844, exhibited his account, which was settled by a decree of the same court on the third day of January, 1845. The ward was, with Joseph E. Presbry, heir to Joseph Presbry, whose widow the petitioner had married.
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Petition for leave to appeal from a decree of a court of probate. The petitioner had, on the fourth Tuesday of April, in 1830, been appointed by that court guardian of Abigail M. Presby, and on the fourth Tuesday of June, 1844, exhibited his account, which was settled by a decree of the same court on the third day of January, 1845. The ward was, with Joseph E. Presbry, heir to Joseph Presbry, whose widow the petitioner had married. The real estate of the deceased had been charged with certain annual payments and other provisions for the benefit of one Judith Presbry during her life, and had…
1Opinion of the CourtWoods, J.
The law requires that appeals from decrees or orders of judges of probate be taken within sixty days. But provision is also made that the person aggrieved by the decree, who is prevented from appealing therefrom within the sixty days, through mistake, accident or misfortune, and not through his own neglect, may petition the superior court at any time within two years thereafter, to be allowed an appeal, sotting forth his interest, his reasons for appealing, and the causes of his delay. Rev. Stat., chap. 60, secs. 1, 2 and 7.
By the ninth section it is provided, that “If it appears that the…
2Cited by1 opinion
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