Bean v. Bean
Supreme Court of New Hampshire
Probate Appeals. The cases are those reported in 71 N. H. 538 and in 72 N. H. 444, in which the appellees moved for an allowance of counsel fees and expenses. Transferred from the May term, 1907, of the superior court by Peaslee, J. The appellants are executrices of the estate of John D. Bean, and the property in question was willed to them for life. The remainder was willed to the appellees. Only a part of the latter joined in the employment of counsel.
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Probate Appeals. The cases are those reported in 71 N. H. 538 and in 72 N. H. 444, in which the appellees moved for an allowance of counsel fees and expenses. Transferred from the May term, 1907, of the superior court by Peaslee, J. The appellants are executrices of the estate of John D. Bean, and the property in question was willed to them for life. The remainder was willed to the appellees. Only a part of the latter joined in the employment of counsel. It was ordered that so much of the fees and expenses as should be determined to have been reasonably incurred for the benefit of the fund…
1Opinion of the CourtWalker, J.
As executrices, it was the duty of the appellants to protect and conserve the estate committed to their care. But as they were personally interested-in the property in question, claiming adversely to the estate to be the absolute owners of it, the interests of the estate in it were in fact protected by the intervention of one or more of the legatees, the appellees. That such intervention was reasonably necessary and prudent, the result of one of the suits seems to establish. Bean v. Bean, 71 N. H. 538. The result of that suit added to the estate or trust fund certain property which the…
2Cases cited3 opinions
- Bean v. BeanSupreme Court of New Hampshire · 1902
- Bond v. BeanSupreme Court of New Hampshire · 1904
- Burke v. Concord RailroadSupreme Court of New Hampshire · 1883
3Cited by8 opinions
- Becht v. MillerMichigan Supreme Court · 1937
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
- In Re Engebretson's EstateSouth Dakota Supreme Court · 1941
- Barbour v. BarbourSouth Dakota Supreme Court · 1961
- In Re Bamberger's EstateSouth Dakota Supreme Court · 1961
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