Tebbetts v. Tilton
Superior Court of New Hampshire
Assumpsit, upon two notes, signed by R. Tilton, deceased, dated, one, December 8, 1840, for $15,00, the other, October 28,1842, for $12,50, and payable to said Tebbetts, the plaintiff. The pleas were, I. That said R. Tilton never promised; upon which issue was joined. II.
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Assumpsit, upon two notes, signed by R. Tilton, deceased, dated, one, December 8, 1840, for $15,00, the other, October 28,1842, for $12,50, and payable to said Tebbetts, the plaintiff. The pleas were, I. That said R. Tilton never promised; upon which issue was joined. II. That the claims were not exhibited to the defendant, the administratrix, within two years after the original grant of administration, February 17, 1846. Replication, that they were thus exhibited, to wit, on the first day of March, 1847 ; upon which issue was joined. III. Plene adminislravit, which was traversed by the…
1Opinion of the CourtBell, J.
The first point raised by the ease is not insisted upon in the argument; and we think the manner in which the plaintiff’s claim was presented to the administratrix was sufficient. The design of the statute, which requires that the claims against an estate should be presented to the administrator, was to bring them to his knowledge, so that he might be enabled to judge in what manner the estate should be settled. For this purpose it is not necessary that the evidence of the claims should be presented, though in some cases it might be both desirable and proper. The reasonable rule, we think,…
2Cases cited15 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Andrews v. MontgomeryNew York Supreme Court · 1821
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
- Holt v. AllowayIndiana Supreme Court · 1827
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
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3Cited by3 opinions
- Heath Ex Rel. Heath v. SeymourSupreme Court of New Hampshire · 1970
- Gordon v. GordonSupreme Court of New Hampshire · 1875
- Folsom v. FolsomSupreme Court of New Hampshire · 1874