Hibbard v. Kent
Superior Court of New Hampshire
Trover, for divers articles of personal property and notes of hand. John Kent, the plaintiff’s intestate, died July 4, 1842, duly possessed of the property and notes mentioned in the declaration.
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Trover, for divers articles of personal property and notes of hand. John Kent, the plaintiff’s intestate, died July 4, 1842, duly possessed of the property and notes mentioned in the declaration. July 14th, 1842, the widow signed an agreement, by which she relinquished to the heirs all her right and title to the estate, by their paying and delivering to her one sixth part of all her late husband’s property, after paying all the just debts, and she agreed to receive the same in full satisfaction, provided that it should be paid within six months from that date. On the next day the defendants,…
1Opinion of the CourtParker, C. J.
If all the parties beneficially interested in the estate adjusted and settled their interests in it, without mistake or fraud, the settlement is binding, and none of them, by procuring administration, can be permitted to defeat it. 5 N. H. Rep. 337, Giles vs. Churchill. In this case the administration has been committed to one who is not an heir; but, if the demands against the estate are all settled, the administrator represents those only who have united in the settlement, and he should be bound by their acts. If all those interested in an estate, being of age and capable, will undertake…
2Cases cited1 opinion
- Kittredge v. BettonSuperior Court of New Hampshire · 1843
3Cited by1 opinion
- Clarke v. ClaySuperior Court of New Hampshire · 1855