Hood v. Montgomery
Supreme Court of New Hampshire
Probate Appeal. Transferred from the April term, 1905, of the superior court by Stone, J. Upon the petition of the plaintiff for the partition of certain real estate, the probate court appointed a committee to make the partition, the members of which the court understood at the time had been agreed to by the parties.
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Probate Appeal. Transferred from the April term, 1905, of the superior court by Stone, J. Upon the petition of the plaintiff for the partition of certain real estate, the probate court appointed a committee to make the partition, the members of which the court understood at the time had been agreed to by the parties. Afterward, but before the time for taking an appeal had elapsed, the •defendants objected to the committee as constituted, claiming that they did not agree to the appointment of one of the members. At the suggestion of the court, the consideration of the defendants’ objection was…
1Opinion of the CourtWalker, J.
It was the duty of the judge of probate to appoint 4‘ suitable persons ” as members of the committee. P. S., c. 243, ss. 10, 20. If unsuitable persons were appointed, it was the right of the defendants to object and to seek to have the appointment revoked, if they presented their objection in a reasonable time after they were informed of the facts authorizing that conclusion-The fact that parties agree that certain persons may be appointed upon the committee is evidence that in that proceeding they are- “ suitable.” It appears that the judge of probate made the appointment in this case,…
2Cases cited2 opinions
- Reed v. PrescottSupreme Court of New Hampshire · 1899
- Ayer v. MesserSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Raymond v. GoodrichSupreme Court of New Hampshire · 1921