Langley v. Langley

“Great confusion would follow if, after proof of a will, license to sell in the probate court, assignment to children, and partition, among the devisees, of the residue, it was still competent for anyone who might be dissatisfied, to try an issue devisavit vel non in a suit at common law.” Poplin v. Hawke, 8 N. H. 124, 127.

A decree admitting a will to probate determines conclusively that such will wa>s not induced by fraud or undue influence. Glover v. Baker, 76 N. H. 393, 401. And the issue thus adjudicated is not removed from, the operation of the rule of res adjudicóla by “an allegation…