Spofford v. Smith
Supreme Court of New Hampshire
Bill in Equity, by the heir of a testator, to cancel the will, alleging that the testator was fraudulently induced to execute it; that upon the petition of Smith, one of the defendants and executor of the will, the plaintiff being a minor, the probate court appointed Currier, the other defendant, his guardian ad litem; that Currier was the plaintiff’s trustee under the will; that Smith obtained the probate of the will in pretended solemn form, after notice by publication,…
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Bill in Equity, by the heir of a testator, to cancel the will, alleging that the testator was fraudulently induced to execute it; that upon the petition of Smith, one of the defendants and executor of the will, the plaintiff being a minor, the probate court appointed Currier, the other defendant, his guardian ad litem; that Currier was the plaintiff’s trustee under the will; that Smith obtained the probate of the will in pretended solemn form, after notice by publication, Currier not attending, and no appeal being taken. The defendants answered, denying the material allegations of the bill,…
1Opinion of the CourtBingham, J.
In chancery the defendant, instead of filing a formal demurrer or plea, may insist on any special matter in his answer, and have the same benefit therefrom as if he had pleaded the same or demurred to the bill. Rule 10. The answer may be amended by inserting the demurrer in it. The probate of the will raised the issue of fraud alleged in the bill. There is no allegation of insufficiency of notice or other reason why the probate court, in appointing tbe guardian and allowing the will, did not have jurisdiction. A decree of the probate court upon matters within its jurisdiction cannot be…
2Cases cited1 opinion
- Gordon v. GordonSupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Perley v. Town of EffinghamSupreme Court of New Hampshire · 1946