Legal Opinion

Leonard v. Putnam

Supreme Court of New Hampshire

Decided July 15, 1871PublishedCited by 1 opinion

Assumpsit, by Henry Leonard, by his guardian, George W. Eislier, against George F. Putnam, administrator of the estate of Henry B. Leonard, for money had and received, brought to recover a sum of money in the hands of the defendant as administrator of the estate of said Henry B. Leonard, late of Haverhill, in said county, deceased, by the appointment of the judge of probate for said county of Grafton, by Henry Leonard, a minor son of said Henry B. Leonard, who sues this…

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Assumpsit, by Henry Leonard, by his guardian, George W. Eislier, against George F. Putnam, administrator of the estate of Henry B. Leonard, for money had and received, brought to recover a sum of money in the hands of the defendant as administrator of the estate of said Henry B. Leonard, late of Haverhill, in said county, deceased, by the appointment of the judge of probate for said county of Grafton, by Henry Leonard, a minor son of said Henry B. Leonard, who sues this action by said Fisher (who resides in the State of New York, and has been appointed guardian of said minor by the court of…

1Opinion of the CourtFoster, J.

In Taylor v. Barron, 35 N. H. 495, Bell, J., said, — “ In this country it is settled by many decisions, that our courts take no notice of a foreign administration, as conferring the right to sue or defend as executor or administrator; and before either can be recognized as the personal representative of the deceased, he must be clothed with authority from the laws of the State in whose courts he desires to appear. Administration only extends to the assets of the intestate within the State where it is granted.” In support of this proposition he cites numerous authorities of many State…

2Cases cited7 opinions

  1. Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
  2. Aspden v. NixonSupreme Court of the United States · 1846
  3. Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
  4. Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
  5. Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806

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3Cited by1 opinion

  1. In Re Enochs' EstatesSupreme Court of Oklahoma · 1958

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