Clark v. Courser
Superior Court of New Hampshire
This is an appeal from a decree of a judge of probate for the county of Hillsborough, allowing the account of Courser, as guardian of Esty.
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This is an appeal from a decree of a judge of probate for the county of Hillsborough, allowing the account of Courser, as guardian of Esty. The appellant claims the appeal on the ground that he is a creditor of Esty, and that a suit is now pending in his favor against Esty, as principal, and said Courser as his trustee, for the recovery of his debt, in which he claims that the trustee should be charged for the balance due from the guardian to his ward, and which, though disallowed by the judge of probate, he expects to show to be due, upon the trial of the appeal. The appellee objects that,…
1Opinion of the CourtBell, J.
The objection taken to the right of the appellant to take an appeal is necessarily fatal to the whole proceeding, if it proves to be well founded. The clause of the statute, which designates those entitled to appeal from decrees of the courts of probate, is very broad. “ Any person aggrieved by any decree, order, appointment, grant, or denial *173of any judge of probate, which may conclude his interest, and which is not strictly interlocutory, may appeal therefrom to the superior court of judicature next to be holden in the county.”
The only question, then, is, if the appellant has an interest…
2Cases cited6 opinions
- Bryant v. AllenSuperior Court of New Hampshire · 1833
- Downing v. PorterMassachusetts Supreme Judicial Court · 1812
- Kittredge v. EmersonSuperior Court of New Hampshire · 1844
- Murray v. HouseNew York Supreme Court · 1814
- Parker's AppealSuperior Court of New Hampshire · 1844
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