Peirce v. Burroughs
Supreme Court of New Hampshire
Bill in Equity, by the administrators of the estate of Ann R. P. Burroughs against the surviving executor of the will of Charles Burroughs, for an accounting of the income of property bequeathed by the defendant’s testate to Mrs. Burroughs. The defendant claims credit for certain stocks, and rights to take new stock, purchased for Mrs. Burroughs.
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Bill in Equity, by the administrators of the estate of Ann R. P. Burroughs against the surviving executor of the will of Charles Burroughs, for an accounting of the income of property bequeathed by the defendant’s testate to Mrs. Burroughs. The defendant claims credit for certain stocks, and rights to take new stock, purchased for Mrs. Burroughs. The matter in controversy was whether the purchase was made by Mrs. Burroughs or by the defendant, and if by the latter, whether with money received from the income of the property bequeathed, or with money furnished by Mrs. Burroughs. The cause was…
1Opinion of the CourtSmith, J.
At common law the surviving party could testify in equity in matters of accounting before a master, in his discretion, subject to revision by the chancellor. Page v. Whidden, 59 N. H. 507. • The statutes permitting parties to testify were not intended to repeal this rule of the common law. The intent of the legislature was in the direction of enlarging, and not of restricting, the admission of testimony. Clements v. Marston, 52 N. H. 31; Stewart v. Harriman, 56 N. H. 25, 33; Day v. Day, 56 N. H. 316, 318. There is nothing in this case which shows that the discretion of the referee was not…
2Cases cited3 opinions
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Stewart v. HarrimanSupreme Court of New Hampshire · 1875
- Day v. DaySupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Stevens v. MoultonSupreme Court of New Hampshire · 1894