Potwine's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the court of probate of the district of Hartford revoking and annulling a previous decree accepting and allowing the account of the appellant as executor of the will of Thomas Hender. The decree appealed from was as follows: “At a probate court holden at Hartford in and for the district of Hartford, on the 10th day of March, A. D. 1862. Present Hernán H. Barbour, judge. Estate of Thomas Hender, deceased.
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Appeal from a decree of the court of probate of the district of Hartford revoking and annulling a previous decree accepting and allowing the account of the appellant as executor of the will of Thomas Hender. The decree appealed from was as follows: “At a probate court holden at Hartford in and for the district of Hartford, on the 10th day of March, A. D. 1862. Present Hernán H. Barbour, judge. Estate of Thomas Hender, deceased. Upon the petition of Thomas H. Wales, a residuary legatee under the will of said deceased, praying this court to revoke and set aside the order of this court, passed…
1Opinion of the CourtButler, J.
Courts of probate are not expressly authorized to grant new trials. They possess such incidental and implied powers, legal and equitable, as are necessary to the entire performance of all the duties imposed on them by law; and so far as it is necessary that they should annul or modify any of the orders made during the settlement of the estate without notice or hearing, and required to prepare the estate for final settlement and distribution, the power to do so may exist by necessary implication. But we are not all satisfied that it is necessary, or was contemplated as possible, that they…
2Cited by15 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Harness v. CravensSupreme Court of Missouri · 1894
- Delehanty v. PitkinSupreme Court of Connecticut · 1904
- Winningham v. TruebloodSupreme Court of Missouri · 1899
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