Legal Opinion

French v. Hatch

Superior Court of New Hampshire

Decided July 15, 1854Published

n Appeal from a decree of the judge of probate for the county of Rockingham, made July 12, 1848, accepting the report of the commissioner of insolvency upon the estate of Sarah Gardner, wherein the said commissioner had allowed to Henry F. French, administrator of William Gardner, the sum of $8,889,01, “bal.'of property in the hands of S. Gardner, Ex. of Wm.

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n Appeal from a decree of the judge of probate for the county of Rockingham, made July 12, 1848, accepting the report of the commissioner of insolvency upon the estate of Sarah Gardner, wherein the said commissioner had allowed to Henry F. French, administrator of William Gardner, the sum of $8,889,01, “bal.'of property in the hands of S. Gardner, Ex. of Wm. Gardner,” from which decree, Albert R. Hatch, administrator of Sarah Gardner, on the 8th day of August, A. D, 1848, claimed an appeal to the court of common pleas, to be holden at Portsmouth, in and for said county, on the third Tuesday…

1Opinion of the CourtGilchrist, C. J.

French is administrator de bonis non, with the will annexed, of William Gardner, and Hatch is administrator de bonis non, with the will annexed, of Sarah Gardner.

William Gardner died on the 10th of April, 1834. He made his'wife, Sarah Gardner, executrix of his will, and by it made the following bequest:

“ Having implicit confidence in my beloved wife, Sarah Gardner, I do hereby will and bequeath to her all the property, both real and personal, that I am possessed of, during her life, except my farm in Wendell; no part of the bank stock is to be disposed of, unless her comfort should require…

2Cases cited5 opinions

  1. Jackson v. RobinsNew York Supreme Court · 1819
  2. Westcott v. CadyNew York Court of Chancery · 1821
  3. Marston v. CarterSuperior Court of New Hampshire · 1841
  4. Gillespie v. MillerNew York Court of Chancery · 1820
  5. Dunklee v. FalesSuperior Court of New Hampshire · 1831

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