Weston v. Second Orthodox Congregational Society
Supreme Court of New Hampshire
Probate Appeal, by William H. Weston, administrator de bonis non, with the will annexed, of Sarah A. Brown and executor of Webster C. Brown. Sarah A. Brown died January 10, 1902. Web- 1 ster C. Brown, her husband, was appointed executor and filed an inventory but did not. settle an account, and an account was filed for him by Weston. The court approved the decree of the probate court and the plaintiff excepted. Both parties excepted to sundry findings of the court.
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Probate Appeal, by William H. Weston, administrator de bonis non, with the will annexed, of Sarah A. Brown and executor of Webster C. Brown. Sarah A. Brown died January 10, 1902. Web- 1 ster C. Brown, her husband, was appointed executor and filed an inventory but did not. settle an account, and an account was filed for him by Weston. The court approved the decree of the probate court and the plaintiff excepted. Both parties excepted to sundry findings of the court. The controversy was before the court in Weston v. Society, 77 N. H. 576. After that decision the probate court charged Weston…
1Opinion of the CourtParsons, C. J.
Weston, administrator de bonis non of Sarah’s estate, was Webster’s official successor in the trust, and entitled to receive whatever of the estate remained in Webster’s hands on the settlement of his account, Prescott v. Farmer, 59 N. H. 90, and may recover such balance in a suit upon the probate bond. Judge of Probate v. Heydock, 8 N. H. 491, 497, 498.
Personal property bequeathed to one for life with power to appoint, at the decease of the legatee without executing the power belongs to the administrator of the testator. Varrell v. Wendell, 20 N. H. 431. When required, it is the duty of the…
2Cases cited5 opinions
- Mansfield v. HoltonSupreme Court of New Hampshire · 1907
- Lucy v. LucySupreme Court of New Hampshire · 1874
- Perkins v. PerkinsSupreme Court of New Hampshire · 1878
- Prescott v. FarmerSupreme Court of New Hampshire · 1879
- Ayers v. LaightonSupreme Court of New Hampshire · 1906
3Cited by3 opinions
- In re Estate of O'DwyerSupreme Court of New Hampshire · 1992
- White v. ChaplinSupreme Court of New Hampshire · 1929
- Fleming v. AikenSupreme Court of New Hampshire · 1974