Bean v. Burleigh
Superior Court of New Hampshire
This was an appeal from a decree of the judge of probate, in this county, made on the 20th May, 1823. No appeal was claimed from the said decree within sixty days from the time of making the same, but the appellant, Bean, presented to this court, here, at May term, 1825, a petition, in which he alleged, that he was guardian of four children, heirs of John Smith, late of Hol-derness, deceased, — that one Thomas Burleigh had been guardian of the same children, during the years…
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This was an appeal from a decree of the judge of probate, in this county, made on the 20th May, 1823. No appeal was claimed from the said decree within sixty days from the time of making the same, but the appellant, Bean, presented to this court, here, at May term, 1825, a petition, in which he alleged, that he was guardian of four children, heirs of John Smith, late of Hol-derness, deceased, — that one Thomas Burleigh had been guardian of the same children, during the years 1819, 1820, and 1821, — that the said Thomas received property belonging to his said wards for which he ought to have…
1Opinion of the CourtRichardson, C. J.
The first question to be settled in this cause is, whether the decree of the court below, can be, on this apr peal, impeached, for any other reasons than those stated in the petition, on which the appeal was allowed ?
The statute of July 2, 1822, regulating appeals from decisions of judges of probate, provides, that appeals may, in certain cases, be claimed to this court from decisions of the judges of probate, provided such appeal be claimed within sixty days from the time of making the same, in writing, signed by the party appealing, “ setting forth his interest therein and the reasons of…
2Cases cited1 opinion
- Judge of Probate v. BriggsSuperior Court of New Hampshire · 1825
3Cited by1 opinion
- Mathes v. BennettSuperior Court of New Hampshire · 1850