Goodall v. Marshall
Superior Court of New Hampshire
Assumpsit, founded upon a promissory note, made by Alzo Rich, the defendant’s intestate, payable to Jeremiah Jordan, or order, and indorsed. Rich, the intestate, had his domicil in Vermont, and upon his decease administration was taken upon his estate in that government. Having left property in this state, an ancillary administration was taken here, and the defendant appointed administrator.
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Assumpsit, founded upon a promissory note, made by Alzo Rich, the defendant’s intestate, payable to Jeremiah Jordan, or order, and indorsed. Rich, the intestate, had his domicil in Vermont, and upon his decease administration was taken upon his estate in that government. Having left property in this state, an ancillary administration was taken here, and the defendant appointed administrator. Prior to the decease of Rich the plaintiff had commenced an action against him in this state, founded upon this note, which was pending at the time of his decease. The estate was represented insolvent in…
1Opinion of the CourtParker, C. J.
The principal questions presented by this case have not been settled by any direct judicial decision here ; and involving, as they oftentimes do, a conflict of laws, they have elicited some differences of opinion elsewhere.
When an individual dies possessed of estate in different governments, it seems to be settled, as a general rule, that his personal property, or moveable estate, is to be distributed among his heirs or legatees according to the law of the place in which he had his domicil at the time of his decease. 2 Kent’s Com. 344, Lec. 37.
But the executor or administrator appointed in…
2Cases cited10 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Doolittle v. LewisNew York Court of Chancery · 1823
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Morrell v. DickeyNew York Court of Chancery · 1814
- Saunders v. WilliamsSuperior Court of New Hampshire · 1830
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3Cited by7 opinions
- Duehay v. Acacia Mut. Life Ins. Co.Court of Appeals for the D.C. Circuit · 1939
- In re the Estate of BrownOrphan's Court of Delaware · 1944
- In Re Livingston's EstateMontana Supreme Court · 1932
- Leach v. PillsburySuperior Court of New Hampshire · 1844
- Loomis v. FarnumSuperior Court of New Hampshire · 1843
2 more not listed; retrieve them via the Exa API.