Simmons v. Goodell
Supreme Court of New Hampshire
Probate Appeal. The defendant is executor of the will of George A. Simmons. He settled his first administration account in 1865, his second in 1874, and his third in 1884. The plaintiff appeals from the decree made at the last settlement, because (1) the defendant was not charged with the amount of a note against Morse, and of a note against Welch; and (2) was credited $100 for money paid Davis in 1864. At the first settlement the defendant was charged with $100 collected on…
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Probate Appeal. The defendant is executor of the will of George A. Simmons. He settled his first administration account in 1865, his second in 1874, and his third in 1884. The plaintiff appeals from the decree made at the last settlement, because (1) the defendant was not charged with the amount of a note against Morse, and of a note against Welch; and (2) was credited $100 for money paid Davis in 1864. At the first settlement the defendant was charged with $100 collected on the Morse note, and February 27, 1864, he collected $29.83 on the Welch note, and might, by the exercise of reasonable…
1Opinion of the CourtCarpenter., J.
The decree made at the second settlement has the same conclusive effect upon the plaintiff as if he had been of full age. He was represented by his guardian, who had notice and was present. French v. Hoyt, 6 N. H. 370; Boody v. Emerson, 17 N. H. 577; Robbins v. Cutler, 26 N. H. 173 ; Thompson v. Paris, ante 421; Peters v. Peters, 8 Cush. 529.
If no appeal is taken, a decree of the court of probate has the same force and effect as a judgment of a court of common law. It is conclusive of all matters direptly in issue and determined. Poplin v. Hawke, 8 N. H. 124; Mathes v. Bennett, 21 N. H. 188,…
2Cited by4 opinions
- Samuels v. BrownleeSupreme Court of Louisiana · 1884
- Kent v. HuntSupreme Court of New Hampshire · 1906
- Moody v. DavisSupreme Court of New Hampshire · 1892
- Stevens v. StevensSupreme Court of New Hampshire · 1902