Boody v. Emerson
Superior Court of New Hampshire
Writ oe Entry, to recover a tract of land, situated in the town of Strafford. The tenant pleaded the general issue. The land was formerly owned and in the possession of Joseph Boody, who died seized of the same before April 27, 1824, having made his last will April 12, 1822, by which he devised one half of the land to the plaintiff, his heirs and assigns forevei’, and the use and income of the remaining half thereof during his natural life, and the last mentioned half, after…
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Writ oe Entry, to recover a tract of land, situated in the town of Strafford. The tenant pleaded the general issue. The land was formerly owned and in the possession of Joseph Boody, who died seized of the same before April 27, 1824, having made his last will April 12, 1822, by which he devised one half of the land to the plaintiff, his heirs and assigns forevei’, and the use and income of the remaining half thereof during his natural life, and the last mentioned half, after his decease, to Joseph B. Boody, the plaintiff’s son, his heirs and assigns. This will was proved by the plaintiff, who…
1Opinion of the Court
"Woods, J.
This action brings into question the defendant’s title, derived from an administrator’s sale. To this two objections are stated. One is that a devisee of the deceased person, for the satisfaction of whose debts the land was sold by the administrator, was a minor at the time of the sale and of the preliminary proceedings, and that no guardian was appointed, so that his interests could be properly represented in the court of probate before which the proceedings were had, and by whose authority the sale was consummated.
The proceedings required to enable an administrator to make a valid…
2Cases cited3 opinions
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- French v. HoytSuperior Court of New Hampshire · 1833
- Kittredge v. FolsomSuperior Court of New Hampshire · 1835
3Cited by1 opinion
- Kelley v. Peerless InsuranceSupreme Court of New Hampshire · 1981