Lane v. Hill
Supreme Court of New Hampshire
Appeal, from a decree of the probate court approving and allowing a certain instrument as the last will and testament of George W. Lane. The first reason assigned for the appeal is : “ Because said instrument was not the last will and testament of said deceased.” Four other reasons were assigned, two of which were abandoned, and issues framed under the others were found by a jury in favor of the executrix.
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Appeal, from a decree of the probate court approving and allowing a certain instrument as the last will and testament of George W. Lane. The first reason assigned for the appeal is : “ Because said instrument was not the last will and testament of said deceased.” Four other reasons were assigned, two of which were abandoned, and issues framed under the others were found by a jury in favor of the executrix. The appellant tenders the following issue under the first reason of appeal: “ That said instrument ought not to be approved and allowed as the last will and testament of George W'. Lane,…
1Opinion of the CourtParsons, J.
The only reason now undisposed of assigned by the appellant for her appeal from the decree of the.probate court approving and allowing the will whose validity is in dispute, is il because said instrument was not the last will and testament of said deceased.” The appellee moves to dismiss the remaining reason of appeal and for judgment. ^ This motion is, in effect, a motion to dismiss the appeal for insufficiency in the reason assigned, and is in the nature of a demurrer and admits all facts stated in the reason of appeal. Eastman v. Barnes, 62 N. H. 630, 631; Doughty v. Little, 61 N. H. 365,…
2Cases cited2 opinions
- Slack v. SlackMassachusetts Supreme Judicial Court · 1877
- Murphy v. WalkerMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Broderick a Ap'ts v. SmithSupreme Court of New Hampshire · 1942
- Managle v. ParkerSupreme Court of New Hampshire · 1907