Crockett v. Sibley
Supreme Court of New Hampshire
Bill in Equity, praying that the administrator de honis non of the estate of Mary P. Sibley be directed to distribute the assets remaining in his hands upon a final settlement of his account, hr conformity with certain agreements entered into by the heirs-at-law and the surviving husband of ■ the deceased.
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Bill in Equity, praying that the administrator de honis non of the estate of Mary P. Sibley be directed to distribute the assets remaining in his hands upon a final settlement of his account, hr conformity with certain agreements entered into by the heirs-at-law and the surviving husband of ■ the deceased. Transferred from the May term, 1904, of the superior court by Pihe, J. December 26, 1901, Mary P. Sibley of Goffstown died leaving •the plaintiffs, who are her heirs, and her husband, Abial W. Sibley, surviving. She left an estate valued at about $35,000, which she attempted to dispose of…
1Opinion of the CourtWalker, J.
The agreements set out in the case, although inartificially expressed, furnish clear evidence of the intention of the parties, which was to provide an amicable and speedy settlement of the estate. Together they constituted a single transaction, and each was a sufficient consideration for the other. Abial’s agreement amounted to an equitable assignment to the heirs of his interest in the estate in excess of $10,000, in case the will should be set aside, in consideration of the heirs’ agreement to pay Madjie the amount named in the legacy to her. Peterborough Savings Bank v. Hartshorn, 67 N. H.…
2Cases cited2 opinions
- Peterborough Savings Bank v. HartshornSupreme Court of New Hampshire · 1891
- Tasker v. LordSupreme Court of New Hampshire · 1886
3Cited by3 opinions
- Reynolds v. ChaseSupreme Court of New Hampshire · 1935
- Pockett v. FarleySupreme Court of New Hampshire · 1932
- Roberts v. GarbettSupreme Court of Rhode Island · 1934