Legal Opinion

Ela's Appeal

Supreme Court of New Hampshire

Decided June 5, 1894PublishedCited by 1 opinion

Appeal, by George "W. Ela, administrator of the estate of Joseph Ela, from the decree of the probate court upon settlement of his second account. The reasons assigned are errors in charging him with certain specified sums and disallowing certain specified credits.

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Appeal, by George "W. Ela, administrator of the estate of Joseph Ela, from the decree of the probate court upon settlement of his second account. The reasons assigned are errors in charging him with certain specified sums and disallowing certain specified credits. George W. Ela died after the entry of his appeal, and his administrator, Richard L. Ela, appeared and filed motions, (1) that the appeal be dismissed, and the probate court be ordered to reverse its decrees and dismiss the proceedings relating to the estate of Joseph Ela; and (2) that the probate court be ordered to revoke the grant…

1Opinion of the CourtBlodgett, J.

Extended consideration of this case is unnecessary. Few words need be expended to show that there is no legal or equitable ground for the plaintiff’s motions.

1. G-. W. Ela’s appointment as administrator of his deceased brother’s estate having been made by a court possessing general jurisdiction to grant administration of the estates of deceased persons, and upon a petition asserting the essential jurisdictional facts, it was a judicial determination that the facts necessary to give the court jurisdiction existed, and Cannot be collaterally avoided. Spaulding v. Groton, post, decided at this…

2Cited by1 opinion

  1. Dobler v. StrobelNorth Dakota Supreme Court · 1899

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