Brackett v. Tillotson
Superior Court of New Hampshire
This was an appeal from a decree of the judge of probate, in this county, allowing the account of the said Thomas S. Tillotson, as administrator of the estate of John M. Tillotson, deceased. The intestate died on the 22d August, 1822. The said Thomas was appointed administrator on the 3d September, in the same year.
Read the full summary
This was an appeal from a decree of the judge of probate, in this county, allowing the account of the said Thomas S. Tillotson, as administrator of the estate of John M. Tillotson, deceased. The intestate died on the 22d August, 1822. The said Thomas was appointed administrator on the 3d September, in the same year. On the 26th December, 1822, certain lands belonging to the estate in Columbia, were sold for the taxes of 1822, and purchased by the said Thomas, and he claimed to be allowed $8, 18 for the additional expense of the sale above the taxes. On the 10th March, 1823, certain lands…
1Opinion of the Court
By the court.
There is no pretence that these sums, amounting to $52,IS, can be allowed. It was the duty of the administrator to have prevented a sale of the land by paying the taxes, and he cannot be allowed for expenses caused by his own neglect. With the title of the real estate he had nothing to do, and most clearly cannot be allowed for expenses incurred in an ineffectual attempt to strengthen it.
The administrator also claimed to be allowed $194,19, being money by him expended in necessary repairs of certain mills, mill dams, and buildings belonging to the estate, the samé being insolvent.
2Cases cited4 opinions
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Doolin v. WardNew York Supreme Court · 1810
- Perkins v. ThompsonSuperior Court of New Hampshire · 1825
- Currier v. GreenSuperior Court of New Hampshire · 1820
3Cited by1 opinion
- Remick v. ButterfieldSuperior Court of New Hampshire · 1855