Barnes v. Abbott
Supreme Court of New Hampshire
Appeal, by Almira Barnes and others against Hiram C. Abbott, from a decree of the judge of probate, approving in common form the will of Isaac E. Merrill. The appellants are his heirs at law, and the ap-pellee is his administrator de bonis non. The only issues sent down for a trial by jury were, whether the testator was of sane mind when the will was executed, and whether it was executed in the presence of three witnesses, both of which the jury found in the affirmative.
Read the full summary
Appeal, by Almira Barnes and others against Hiram C. Abbott, from a decree of the judge of probate, approving in common form the will of Isaac E. Merrill. The appellants are his heirs at law, and the ap-pellee is his administrator de bonis non. The only issues sent down for a trial by jury were, whether the testator was of sane mind when the will was executed, and whether it was executed in the presence of three witnesses, both of which the jury found in the affirmative. The appellants gave notice of review. The appellee moved that the verdict be certified to the law term and the court, upon…
1Opinion of the Court
We decided in December last, in the case of Brooks v. Howard, ante 69, that review does not lie in equity proceedings. The reasons that led us to that result are equally applicable to this case. This is an appeal from the probate court approving a will. Issues involving the sanity of the testator and the due execution of the will were framed in this court and sent down for trial by jury, whose verdict has been certified back to us; and a motion is now made for a new trial by jury by way of review.
It was settled in Patrick v. Cowles, 45 N.H. 555, that controversies and questions of fact…
2Cases cited4 opinions
- Patrick v. CowlesSupreme Court of New Hampshire · 1864
- Sheafe v. SheafeSuperior Court of New Hampshire · 1854
- Smith v. McDanielSuperior Court of New Hampshire · 1844
- Richmond v. BowenSupreme Court of New Hampshire · 1873