Adams v. Adams
Supreme Court of New Hampshire
Appeal from a decree of tbe probate court appointing Charles F. Stone and John B. Garland trustees under the will of Isaac Adams, upon the petition of the defendants, beneficiaries of an active trust thereby created, respecting the management of a large amount of property, real and personal, and the distribution of the income to minor children. The trustees named in the will were Anna R. Adams, the testator’s widow, and this appellant, Julius Adams, his son.
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Appeal from a decree of tbe probate court appointing Charles F. Stone and John B. Garland trustees under the will of Isaac Adams, upon the petition of the defendants, beneficiaries of an active trust thereby created, respecting the management of a large amount of property, real and personal, and the distribution of the income to minor children. The trustees named in the will were Anna R. Adams, the testator’s widow, and this appellant, Julius Adams, his son. The widow died without entering upon the duties of the trust. The appellant contested the will in a suit which lasted about two years,…
1Opinion of the CourtSmith, J.
1. The plaintiff moves to dismiss the petition for want of service. By mistake, the original petition and order of notice, instead of copies, were left at his place of abode. The object of notice was to inform him of the pendency of the proceedings in the probate court in order that lie might appear and defend. The original papers gave him the same information that copies would. The law generally, if not always, regards the substance rather than the form of proceedings. In this case, as no possible harm was or could be done to any one by the mistake, justice does not require the dismissal of…
2Cases cited6 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Campbell v. WindhamSupreme Court of New Hampshire · 1885
- Dodge v. StickneySupreme Court of New Hampshire · 1881
- Lewis v. LougeeSupreme Court of New Hampshire · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Norway Plains Savings Bank v. YoungSupreme Court of New Hampshire · 1894
- Christina v. GautreauxLouisiana Court of Appeal · 1915
- Mechanicks National Bank v. AldrichSupreme Court of New Hampshire · 1898
- Merrill v. PutnamSupreme Court of New Hampshire · 1912