Matthews v. Fogg
Supreme Court of New Hampshire
PETITION for leave to appeal from the decree of the Judge of of Probate for this county, refusing to grant the prayer of four several petitions of the petitioner, filed in the Probate Court against the several petitionees respectively. Those petitions were filed at the July term, 1856, of the Probate Court for this county, and an order of notice issued, after which they were continued from term to term until November term, 1856, when they were dismissed.
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PETITION for leave to appeal from the decree of the Judge of of Probate for this county, refusing to grant the prayer of four several petitions of the petitioner, filed in the Probate Court against the several petitionees respectively. Those petitions were filed at the July term, 1856, of the Probate Court for this county, and an order of notice issued, after which they were continued from term to term until November term, 1856, when they were dismissed. They alleged that David Matthews, the husband of the petitionee, died seized of an undivided half of each of four several tracts of land,…
1Opinion of the CourtFowler, J.
The only question arising in this case is whether, under the circumstances set forth in the petition, and apparent from the copies from the Probate Court, an appeal shall be granted without a full investigation of the merits of the controversy between the parties. And we think it should be. It distinctly appears that important matters of fact and questions of law arose in the hearing before the Judge of Probate, the right to investigate which before the Supreme Court of Probate has been lost to the petitioner by accident or misfortune, without any fault or neglect on her part. If the decree…
2Cited by1 opinion
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