Marston v. Marston
Superior Court of New Hampshire
Appeal from a decree of the judge of probate for the county of Rockingham, wherein David C. Marston, executor of the will of Samuel P. Marston, is appellant, and Andrew B. Marston is appellee.
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Appeal from a decree of the judge of probate for the county of Rockingham, wherein David C. Marston, executor of the will of Samuel P. Marston, is appellant, and Andrew B. Marston is appellee. The case was referred to an auditor, whose report stated the following facts: Samuel P. Marston, on the 7th day of March, A. D. 1842, made his last will and testament, wherein he gave and devised to his niece, Abigail P. Marston, a daughter of his brother, Nathaniel Marston, and now the wife of Asa L. Marden, his farm on the Lafayette road, in Portsmouth, and all the stock and farming utensils…
1Opinion of the CourtGilchrist, C. J.
The evidence shows, that Samuel P. Mars-ton, being the father of an illegitimate child by his niece, made a verbal agreement with his brother Nathaniel, that he would appropiate the amount due on certain notes, which he held against one William Weeks for about three thousand dollars, for the support and bringing up of the child. The notes were accordingly deposited with the appellant, and he expended the sum of six hundred dollars for the support of the child. The child died on the tenth day of November, 1849.
The appellant’s case is, that after the child should have been supported and brought…
2Cases cited3 opinions
- Fink v. CoxNew York Supreme Court · 1820
- Cook v. HustedNew York Supreme Court · 1815
- Bean v. JonesSuperior Court of New Hampshire · 1835
3Cited by1 opinion
- Bartlett v. DumaineSupreme Court of New Hampshire · 1986