Keenan v. Tonry

We are urged by the appellees to sustain the rulings made below, while the executor argues that the true test of his chargeability is whether he acted in the administration of the Winthrop property in accordance with honest and reasonably prudent judgment.

No court in New Hampshire has jurisdiction to declare the appropriate law. It is true that the parties have either invoked or submitted to this jurisdiction. But if jurisdiction of the subject-matter is lacking, consent cannot confer it. Wolf Klein & Sons, Inc. v. Bronstein, ante 42, and cases cited. The rule applied here. Though a probate…