Prescott v. Farmer
Supreme Court of New Hampshire
Appeal, from the allowance of a claim by a commissioner of insolvency. The plaintiff is administrator de bonis non, with the will annexed, of John Prescott. Goss was executor of the will. On the settlement of his account in probate court, there was found in his hands a balance of $240.76, which, by the. will, was bequeathed to four residuary legatees, of which the plaintiff was one. There was no formal decree of distribution. Goss died, not having paid the balance.
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Appeal, from the allowance of a claim by a commissioner of insolvency. The plaintiff is administrator de bonis non, with the will annexed, of John Prescott. Goss was executor of the will. On the settlement of his account in probate court, there was found in his hands a balance of $240.76, which, by the. will, was bequeathed to four residuary legatees, of which the plaintiff was one. There was no formal decree of distribution. Goss died, not having paid the balance. His estate was insolvent, and the commissioner allowed the claim of the residuary legatees, $240.76, upon which they received a…
1Opinion of the CourtAulkn, J.
The appellant, being an administratrix, was not required to file a bond on taking the appeal. Gen. St., o. 181, ss. 3, 4.
The plaintiff, as administrator de bonis non of Prescott’s estate, was Goss’s official successor in the trust, and entitled to receive whatever remained of the estate in his hands on the settlement of his account, and, in default of payment, was the proper person to recover the amount of Goss’s sureties by a suit on his probate bond. Judge of Probate v. Heydock, 8 N. H. 491, 497, 498.
Generally, a decree of distribution by the judge of probate, or an acknowledgment of the…
2Cases cited1 opinion
- Adams v. AdamsSupreme Court of Vermont · 1844
3Cited by4 opinions
- Hazen v. QuimbySupreme Court of New Hampshire · 1881
- Scammon v. PearsonSupreme Court of New Hampshire · 1919
- Weston v. Second Orthodox Congregational SocietySupreme Court of New Hampshire · 1919
- Judge of Probate v. National Surety Corp.Supreme Court of New Hampshire · 1946