Judge of Probate v. Robins
Superior Court of New Hampshire
Debt upon a probate bond, given by Robbins, upon his being appointed administrator of the estate of John Pratt, and executed by the other defendants as sureties. After judgment for the penalty of the bond, the question was, for what sum execution should be awarded under the following circumstances. John Pratt died in 1816, intestate, leaving a widow, Hannah Pratt, who survived him only three days, and two daughters by a former wife.
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Debt upon a probate bond, given by Robbins, upon his being appointed administrator of the estate of John Pratt, and executed by the other defendants as sureties. After judgment for the penalty of the bond, the question was, for what sum execution should be awarded under the following circumstances. John Pratt died in 1816, intestate, leaving a widow, Hannah Pratt, who survived him only three days, and two daughters by a former wife. C. G. Atherton was appointed administrator of the estate of the said Hannah Pratt, the widow, August 26, 1828, and made application to the judge of probate for…
1Opinion of the Court
By the court.
It may be conceded, that the decree of the judge of probate, allowing the widow’s distributive share in her husband’s estate to her administrator, was, with respect to these sureties, res inter alios acta, and not conclusive against them. 3 N. H. Rep. 491, Gookin v. Sanborn. But there is no ground on which that decree can be impeached. There is no doubt that the widow was entitled to her distributive share in the personal estate of her husband. She was by law entitled to it as an heir. 3 P. Williams, 48, Davers v. Dewes; 4 Burns’ Eccl. Laws, 331 ; Lovelass, 67 ; Prov. Laws, 105.
An…
2Cases cited1 opinion
- Gookin v. SanbornSuperior Court of New Hampshire · 1826
3Cited by1 opinion
- State v. CorronSupreme Court of New Hampshire · 1905