Stark v. Parker
Supreme Court of New Hampshire
Hillsborough County. Appeal, from the decree of the judge of probate for the county of Hillsborough, for the filing of copies of a will and codicil, and of the probate of the same in Canada, under sec. 50 of ch. 1 of the Laws of 1868. After the appeal was entered in this court, the parties agreed upon the following facts for the opinion of the court: The will was executed at Manchester in 1869, the testatrix being then a resident of said Manchester.
Read the full summary
Hillsborough County. Appeal, from the decree of the judge of probate for the county of Hillsborough, for the filing of copies of a will and codicil, and of the probate of the same in Canada, under sec. 50 of ch. 1 of the Laws of 1868. After the appeal was entered in this court, the parties agreed upon the following facts for the opinion of the court: The will was executed at Manchester in 1869, the testatrix being then a resident of said Manchester. The codicil was executed at Stanstead, in Canada, on the twenty-fourth day of June, 1874, the testatrix then being, and until her death…
1Opinion of the Court
HILLSBOROUGH COUNTY. I think the question whether the domicile of the testatrix was in Manchester at the time of her death is material, and that it must be determined against the appellant before the copies can be permitted to be filed under the statute. No question is made but that the general rule is, as stated by counsel for the appellant, that the jurisdiction of the probate of wills is primarily exclusive in the probate court for the district in which the testator is domiciled at the time of his death.
Applying this rules if the testatrix was domiciled at Manchester at the time of her…
2Cited by2 opinions
- Barney v. HuffCourt of Appeals of Texas · 1959
- Champollion v. CorbinSupreme Court of New Hampshire · 1901