Judge of Probate v. Briggs
Superior Court of New Hampshire
Debt upon a probate bond, given by the defendant, upon taking upon himself the administration of the estate of Timothy Lovell, deceased. The defeKlIant pleaded omnia performavit.
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Debt upon a probate bond, given by the defendant, upon taking upon himself the administration of the estate of Timothy Lovell, deceased. The defeKlIant pleaded omnia performavit. Tie plaintiff in his replication alleged, as a breach of the condition of the bond, that the defendant, having received of me J. Weatherbe*, a debtor oí the intestate, $50 70, had refused to account for it ; and the issue joined involved the question, whether the defendant had accounted for that sum. The cause was tried here at May term, 1825 ; when the defendant shewed in evidence, that, in a hearing before the…
1Opinion of the Court
By the court.
The court of probate is not a court of record, in the common law sense of the terms ; yet it has always been the custom to keep a record of all its proceedings. And we are clearly of opinion, that parol evidence is *310not admissible to prove a decision in that court, in order to bar a claim, which would otherwise seem to be founded in justice. There is much good sense in the remarks of Parker, C. J. in the case of Chase vs. Hathaway, (14 Mass. Rep. 222,) on the subject of probate records ; and we have no hesitation in ordering, that there be, in this case,
Judgment on the verdict.
2Cases cited1 opinion
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Dudley v. ButlerSuperior Court of New Hampshire · 1839
- Judge of Probate v. BriggsSuperior Court of New Hampshire · 1829
- Bean v. BurleighSuperior Court of New Hampshire · 1829