Perkins v. Perkins
Supreme Court of New Hampshire
Bill in Equity, filed December 16, 1892, by Langdon M. Perkins, administrator of the estate of Mary A. Perkins, against Elizabeth A. Perkins and the Portsmouth Savings Bank. Facts found by the court. Mary A. Perkins died February 13,1888, and the plaintiff' was appointed administrator of her estate, January 14, 1892. At the time of her death she was the owner of a deposit in the Portsmouth Savings Bank and of a sum of money.
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Bill in Equity, filed December 16, 1892, by Langdon M. Perkins, administrator of the estate of Mary A. Perkins, against Elizabeth A. Perkins and the Portsmouth Savings Bank. Facts found by the court. Mary A. Perkins died February 13,1888, and the plaintiff' was appointed administrator of her estate, January 14, 1892. At the time of her death she was the owner of a deposit in the Portsmouth Savings Bank and of a sum of money. During her lifetime, her son, George A. Perkins, obtained possession, without Tight, of the bank-book representing this deposit, and held it until his death. Elizabeth A.…
1Opinion of the CourtBlodgett, J.
The offer of the defendant to testify to conversations and transactions between her deceased husband and the plaintiff’s intestate was alike properly rejected as a matter of law and of discretion, under the statutory provisions excluding the testimony of the adverse party in respect to facts which ■occurred in the lifetime of the deceased, where an administrator or executor is a party of record or a party in interest, unless the administrator or executor elects so to testify, or it clearly appears to the court that injustice may be done without the testimony of the other party. P. S., c. 224,…
2Cases cited4 opinions
- Morse v. WhitcherSupreme Court of New Hampshire · 1888
- Tuck v. NelsonSupreme Court of New Hampshire · 1883
- Drew v. McDanielSupreme Court of New Hampshire · 1881
- English v. PorterSupreme Court of New Hampshire · 1884