Leavitt v. Leavitt
Supreme Court of New Hampshire
Whit oe Entry. Writ dated March 26, 1866, and served same day. By agreement of parties the case was tried by the court, and tbe following facts were found : Plaintiff is mother of defendant, and widow of John Leavitt, the father of defendant. Plaintiff’s husband died in July, 1865, leaving a will of personal property, and appointing defendant executor.
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Whit oe Entry. Writ dated March 26, 1866, and served same day. By agreement of parties the case was tried by the court, and tbe following facts were found : Plaintiff is mother of defendant, and widow of John Leavitt, the father of defendant. Plaintiff’s husband died in July, 1865, leaving a will of personal property, and appointing defendant executor. September 16, 1861, he had executed a deed "in consideration of the love and affection which I bear to my wife, Abigail Leavitt, and to my son, John Leavitt, Junior,” whereby for himself and his heirs, be covenanted, granted and agreed to and…
1Opinion of the CourtBellows, J.
The grounds of defence relied upon, arise from the evidence offered by the defendant to show, in him, as executor of an insolvent estate, a right to the possession of the demanded premises, or else that he was a tenant at will, and entitled to notice to quit.
Upon the first point the defendant proposed to prove, that claims have been presented to the commissioner of insolvency against said estate, due before and after the date of the deed under which the plaintiff claims, and that the personal estate is.not sufficient to pay the debts ; and the defendant urges that under such circumstances the…
2Cases cited4 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Jackson v. BradtNew York Supreme Court · 1804
- Thompson v. DaviesNew York Supreme Court · 1816
- City of Louisville v. Bank of KentuckyCourt of Appeals of Kentucky · 1860
3Cited by1 opinion
- Carter v. JacksonSupreme Court of New Hampshire · 1876