Hodgdon v. White
Superior Court of New Hampshire
Appeal from a decree of the judge of probate. The appellee, as administrator of the estate of Deborah Coffin, filed a petition in the probate court, praying for license to sell real estate, for the payment of debts.
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Appeal from a decree of the judge of probate. The appellee, as administrator of the estate of Deborah Coffin, filed a petition in the probate court, praying for license to sell real estate, for the payment of debts. The judge of probate, upon consideration of the petition, made a decree granting the prayer of it, from which the appellants, who were purchasers of the share of one of the heirs at law, claimed an appeal—Because, 1. The intestate did not owe any debts, or more than her personal estate was sufficient to pay— 2. The debts alleged to exist against her, or her estate, and for the…
1Opinion of the CourtParker, C. J.
There is evidence tending to show that the services rendered, and articles furnished, by the claimants, were regarded at the time, not as a matter of benevolence, or gift, but as creating a debt ; and the administrator is of opinion that claims still exist, which ought to be paid. The greater portion of the claims, however, accrued more than six years before the decease of the intestate j and the principal question is, whether the administrator is bound to insist upon the *210statute of limitations as a bar, or whether he may disregard it, and make payment as if it did not exist. There is no…
2Cases cited10 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- In re AllenMassachusetts Supreme Judicial Court · 1818
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