Legal Opinion

Davis's Appeal from Probate

Supreme Court of Connecticut

Decided November 15, 1872PublishedCited by 13 opinions

Appeal by tlie appellant as administrator on the estate of Evan Davis, from a decree of a probate court extending the time for presenting claims against the estate ; taken to the Superior Court in Middlesex County. The decree appealed from was as follows : “ At a probate court holden at Middletown, within and for the district of Middletown, on the 9th day of December, 1870; Estate of Evan Davis, deceased.

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Appeal by tlie appellant as administrator on the estate of Evan Davis, from a decree of a probate court extending the time for presenting claims against the estate ; taken to the Superior Court in Middlesex County. The decree appealed from was as follows : “ At a probate court holden at Middletown, within and for the district of Middletown, on the 9th day of December, 1870; Estate of Evan Davis, deceased. On motion of attorneys for Warnimacker & Co., of Philadelphia, claiming to be creditors of said estate, and alleging that they neither received any notice, nor was any sent to them by the…

1Opinion of the CourtPark, J.

We agree with the counsel for the appellant, that in cases of insolvent estates, when the court of probate has once exercised its discretion by limiting a time for the exhibition of claims against the estate and that time has expired, its discretion should be no longer exercised upon that subject without good cause being shown to the court why the time of limitation should be extended. This question was so decided in Leming's Appeal from Probate, 34 Conn., 201, and in Lockwood v. Reynolds, 16 Conn., 303. Whether the court of probate acted in accordance with this rule in extending the time for…

2Cases cited2 opinions

  1. Deming's Appeal from ProbateSupreme Court of Connecticut · 1867
  2. Lockwood v. ReynoldsSupreme Court of Connecticut · 1844

3Cited by13 opinions

  1. Dunham v. DunhamSupreme Court of Connecticut · 1922
  2. Bailey v. MarsSupreme Court of Connecticut · 1952
  3. Slattery v. WoodinSupreme Court of Connecticut · 1915
  4. Prince v. SheffieldSupreme Court of Connecticut · 1969
  5. Avery, Appeal From ProbateSupreme Court of Connecticut · 1933

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