Stratton v. Stratton
Supreme Court of New Hampshire
Probate Appeal, from a decree of distribution upon the estate of Isaac Stratton. Trial by the court. The parties agreed that the case should be considered as a bill in equity for the construction of the will and codicil thereto of said Stratton. The material parts thereof are as follows: “ Third.
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Probate Appeal, from a decree of distribution upon the estate of Isaac Stratton. Trial by the court. The parties agreed that the case should be considered as a bill in equity for the construction of the will and codicil thereto of said Stratton. The material parts thereof are as follows: “ Third. I give and bequeath unto my granddaughter, Bessie K. Stratton, ten dollars; this with the property that I gave her deceased father that will come into her possession at my decease will make her share of my property. “After paying off the legacies to my grandchildren, funeral charges and debts, I will…
1Opinion of the CourtParsons, J.
The agreement of the parties that the present proceeding, which is an appeal from a decree for final distribution of the estate, determining who are entitled to take as legatees under the will and codicil, shall be treated as a bill in equity by the executors for a construction of the will and codicil, renders it unnecessary to consider whether the decree of the probate court attempting to settle the construction of the will and to determine the rights of the parties to the fund in the hands of the executors (Hayes v. Hayes, 48 N. H. 219, 229) is within the jurisdiction of that court, or…
2Cases cited9 opinions
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Brown v. BartlettSupreme Court of New Hampshire · 1879
- Rice v. Boston Port & Seaman's Aid SocietySupreme Court of New Hampshire · 1875
- Sanborn v. SanbornSupreme Court of New Hampshire · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Flanders v. ParkerSupreme Court of New Hampshire · 1923
- Pettee v. Omega Chapter of Alpha Gamma RhoSupreme Court of New Hampshire · 1934
- Wentworth v. WentworthSupreme Court of New Hampshire · 1914
- In Re Doonan EstateSupreme Court of New Hampshire · 1970
6 more not listed; retrieve them via the Exa API.