Stevens v. Stevens
Supreme Court of New Hampshire
Pkobate Appeab, from a decree disallowing the report of a committee to set off dower and homestead. Trial before Peaslee, J., who transferred the case from the April term, 1902, of the superior court. The reason assigned in the appeal was “ the rejection and dis-allowance of said report.” The defendant moved to dismiss because no reason for the appeal was stated, and excepted to a denial of the motion.
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Pkobate Appeab, from a decree disallowing the report of a committee to set off dower and homestead. Trial before Peaslee, J., who transferred the case from the April term, 1902, of the superior court. The reason assigned in the appeal was “ the rejection and dis-allowance of said report.” The defendant moved to dismiss because no reason for the appeal was stated, and excepted to a denial of the motion. The committee made the set-off upon the basis that the homestead was to be a life estate of the value of $500, and dower was to be assigned in one third in value of the property, without regard…
1Opinion of the CourtBingham, J.
The judge of probate has express authority to accept the report of a committee appointed to set off dower and homestead, and implied authority to reject it. P. S., c. 197, s. 3; H armon v. Haines, 68 N. H. 28, 29, 31. Upon the return of the report it is within his province to determine (1) whether the proceedings of the committee were regular or irregular, and (2) whether in their findings of fact they acted in good faith or otherwise. His decree accepting or rejecting the report is not final; the right of appeal in both eases is given by statute. P. S., c. 200, ss. 1, 2; Eastman v. Barnes,…
2Cases cited3 opinions
- Simmons v. GoodellSupreme Court of New Hampshire · 1885
- Eastman v. BarnesSupreme Court of New Hampshire · 1883
- Harmon v. HainesSupreme Court of New Hampshire · 1894