Rollins v. Rollins
Supreme Court of New Hampshire
Bill in Equity. Trial by the court. The plaintiff is the widow of Albert E. Rollins and administratrix of his estate. The defendant is Albert’s father and the only person entitled to share his estate besides the plaintiff.
Read the full summary
Bill in Equity. Trial by the court. The plaintiff is the widow of Albert E. Rollins and administratrix of his estate. The defendant is Albert’s father and the only person entitled to share his estate besides the plaintiff. At Albert’s decease, there was a deposit of $4,018.27 to his credit in the Rochester Loan and Banking Company, which was inventoried by the administratrix as part of his estate, although it was in fact the joint accumulation of the earnings of herself and Albert. One third of the deposit was the product of her labor; and this sum, although deposited in Albert’s name, was…
1Opinion of the CourtPlummer, J.
The ruling of the superior court was correct. If the plaintiff’s contention as to her ownership in the fund standing in the name of her intestate does not describe a debt of the estate, it is at least a claim against it. Her claim is that so much of the money now in her hands as administratrix is her property and not that of the estate.
The appointment of the plaintiff as administratrix suspended her right of action against the estate. Preston v. Cutter, 64 N. H. 461, 467, 468. The administrator claiming adversely to the estate cannot at the same time represent the estate. If no provision were…
2Cases cited2 opinions
- Preston v. CutterSupreme Court of New Hampshire · 1887
- Perkins v. PerkinsSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- Graham Ex Rel. Graham v. StrohSupreme Court of Missouri · 1938