Symmes v. Libbey
Superior Court of New Hampshire
This was an appeal from a decree of the judge of probate, founded on a petition presented to the judge ; the appellant setting forth that she was the daughter and heir at law of Hall Jackson, deceased, and a legatee in his will, of which will Libbey, the appellee, was executor; that the executor, on Aug. 5,1800, presented to the judge of probate an account of his administration, which was examined and allowed the same day, whereof no notice was given to the appellant as the…
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This was an appeal from a decree of the judge of probate, founded on a petition presented to the judge ; the appellant setting forth that she was the daughter and heir at law of Hall Jackson, deceased, and a legatee in his will, of which will Libbey, the appellee, was executor; that the executor, on Aug. 5,1800, presented to the judge of probate an account of his administration, which was examined and allowed the same day, whereof no notice was given to the appellant as the law required; wherefore she prayed that the decree allowing the account might be reversed, vacated, and held void. Upon…
1Opinion of the Court
Smith, C. J.,
now delivered his opinion.
The statute of Feb. 3, 1789 (ed. 1805, 165), expressly requires “that the judge of probate, before he allow the account of any executor relating to his executorship, shall cause the heirs of such estate to be notified, in such manner as he shall think most proper, of the time and place for examining and allowing such account.” By the word “ heirs,” as here used, we must doubtless understand those interested in the estate, whether devisees, legatees, or heirs properly so called. This provision of the statute seems to be no more than what the…
2Cases cited4 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Hiscox's Appeal from ProbateSupreme Court of Connecticut · 1861
- Rice v. SmithMassachusetts Supreme Judicial Court · 1817
- Sturges v. PeckSupreme Court of Connecticut · 1837