Jones v. Herbert
Supreme Court of New Hampshire
Probate Appeal, from a decree denying the plaintiff’s petition for the appointment of an administrator of the estate of Solomon Jones. Trial by the court and decree for the defendant. Transferred from the May term, 1913, of the superior court by Pike, J. Solomon Jones died in March, 1864, leaving a widow, Lavina, and three children, Greenleaf, Florentine, and Sarah.
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Probate Appeal, from a decree denying the plaintiff’s petition for the appointment of an administrator of the estate of Solomon Jones. Trial by the court and decree for the defendant. Transferred from the May term, 1913, of the superior court by Pike, J. Solomon Jones died in March, 1864, leaving a widow, Lavina, and three children, Greenleaf, Florentine, and Sarah. By his will, which was duly proved, he gave one dollar to each of the children and a life estate in the residue to Lavina, with remainder to Green-leaf in fee. Lavina was named as executrix, but never qualified. She died in…
1Opinion of the CourtYoung, J.
If a creditor wishes to exercise the right given him by sections 2 and 5, chapter 188, Public Statutes, he must act within a reasonable time after he learns of the death of the debtor. Whidden v. Whidden, 67 N. H. 303. The plaintiff attempts to excuse his delay of forty-seven years before beginning this proceeding by saying that he made a contract with Greenleaf shortly after their father’s death, by which his brother, in consideration of his agree ment not to enforce his claims against their father’s estate, agreed to give the plaintiff all his property at his death.
If the plaintiff made…
2Cases cited1 opinion
- Whidden v. WhiddenSupreme Court of New Hampshire · 1892
3Cited by8 opinions
- Porter v. CocoSupreme Court of New Hampshire · 2006
- Sorenson v. WilsonSupreme Court of New Hampshire · 1984
- Devaney v. Board of Zoning AppealsSupreme Court of Connecticut · 1945
- McDonald v. BennettWest Virginia Supreme Court · 1930
- Boucher v. BoucherSupreme Court of New Hampshire · 1988
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