Legal Opinion

Davis v. Stinson

Supreme Judicial Court of Maine

Decided July 1, 1866PublishedCited by 1 opinion

Appeal from a decree of the Judge of Probate of the county of Sagadahoc, distributing the personal estate of Iiuldah Greene, deceased, among the nephews and neices of the deceased, to the exclusion of a grand neice.

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Appeal from a decree of the Judge of Probate of the county of Sagadahoc, distributing the personal estate of Iiuldah Greene, deceased, among the nephews and neices of the deceased, to the exclusion of a grand neice. The reasons assigned for the appeal were as follows : — 1. Because by said decree the personal estate of said deceased, who died intestate, is not ordered to be distributed to the persons who are her heirs, and who are entitled bylaw to receive the same, the said Jane being one of said heirs, and no part of said personal estate being ordered by said decree to be paid and…

1Opinion of the CourtAppleton, C. J.

Huldah Green died leaving no issue, nor lather, mother, brother or sister. At the time of her decease, her nearest of kin were nephews and neices, to whom the Judge of Probate decreed her estate should descend, from which decree the appellant,.a grand niece, appeals.

By R. S., 1857, c. 75, § 1, ride 5, relating to the descent of real estate, — "If no such issue, father, mother, brother or sister, it descends to his next of kin in equal degree,” &c. By § 8, — " the personal estate of an intestate” with certain specified exceptions, "is to be distributed” "by the rules provided for the…

2Cited by1 opinion

  1. Preston v. ColeSupreme Court of New Hampshire · 1887

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