Preble v. Preble
Supreme Judicial Court of Maine
On report of the presiding justice. An appeal from the allowance of Harriet R. Preble’s alleged private account, she being the administratrix of her late husband, Benjamin Preble; the appellant, herself an heir, appearing for his heirs. The estate had been represented insolvent and commissioners appointed.
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On report of the presiding justice. An appeal from the allowance of Harriet R. Preble’s alleged private account, she being the administratrix of her late husband, Benjamin Preble; the appellant, herself an heir, appearing for his heirs. The estate had been represented insolvent and commissioners appointed. As to the charges for personal property (not money) the defence was the statute of limitations; six years elapsed after the charges and before the death of the intestate, which occurred on January 26, 1879, the claimant was his wife during that period of time. If those charges are legally…
1Opinion of the CourtSymonds, J.
The administratrix of an insolvent estate, on appeal by an heir from the allowance in the probate court of her private claim against the estate, seeks to sustain it by her own testimony.
Is she a competent witness ?
"The rules of evidence in special proceedings of a civil nature, such as before.....courts of probate, shall be the same as herein provided for civil actions.” E. S., c. 82, § 89 ; Withee v. Rowe, 45 Maine, 585.
"Nor have we more enlarged jurisdiction for the application of principles of equity, when exercising appellate authority as a court of probate, than we should have as a court…
2Cases cited2 opinions
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
- Ela v. EdwardsMassachusetts Supreme Judicial Court · 1867
3Cited by1 opinion
- Tuck v. NelsonSupreme Court of New Hampshire · 1883