Cook v. Bennett
Supreme Court of New Hampshire
This was an appeal of John Cook from the report of the commissioner, disallowing a claim of the plaintiff against the estate of the deceased, John P. Bennett, for the board and care of one Mina C. Bennett, a minor daughter of the plaintiff’s wife by a former husband, for six years next before the testator’s death, which occurred in the fall of 1869. Said Mina C. Bennett was a daughter of Benjamin F. Bennett, who was a brother of William P. Bennett, executor of the estate of…
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This was an appeal of John Cook from the report of the commissioner, disallowing a claim of the plaintiff against the estate of the deceased, John P. Bennett, for the board and care of one Mina C. Bennett, a minor daughter of the plaintiff’s wife by a former husband, for six years next before the testator’s death, which occurred in the fall of 1869. Said Mina C. Bennett was a daughter of Benjamin F. Bennett, who was a brother of William P. Bennett, executor of the estate of said Jolm P. Bennett. William P. Bennett was appointed guardian of bis' said niece May 23,1862, and continued to bold…
1Opinion of the CourtEosteR, J.
The law provides that any creditor, dissatisfied with the report of the commissioner of insolvency to whom his claim has been submitted, may appeal therefrom by petition to the judge of probate; and that he shall file with his petition “ a declaration, in proper form, upon his claim.” A copy of the petition and declaration is required to be served upon the administrator, and the creditor must “ enter his action at the nest trial term of the supreme court, and produce attested copies of the petition, declaration, and order of notice.” Gen. Stats., ch. 181, secs. 1, 2.
It appears from the case…
2Cases cited2 opinions
- Clark v. ClarkNew York Court of Chancery · 1840
- Hutchinson v. HutchinsonSupreme Court of Vermont · 1847
3Cited by2 opinions
- State v. PelletierSupreme Court of New Hampshire · 2003
- State v. WilkinsonSupreme Court of New Hampshire · 1992