Legal Opinion

Kennard v. Kennard

Supreme Court of New Hampshire

Decided June 5, 1884PublishedCited by 18 opinions

Appeal from a decree of the judge of probate for the filing and recording of a copy of the'will of Manning Kennard, deceased, and of the probate of the same in Pennsylvania, upon the application of Virginia Kennard, widow and legatee under said will. Facts found by the court.

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Appeal from a decree of the judge of probate for the filing and recording of a copy of the'will of Manning Kennard, deceased, and of the probate of the same in Pennsylvania, upon the application of Virginia Kennard, widow and legatee under said will. Facts found by the court. Manning Kennard resided at Florence, Italy, at the time of his death in December, 1873. Fie left a Avill whereby he gave all his property, real and personal, to his wife, the appellee, to hold for her own use forever. The will was executed in Florence, and was attested by but two subscribing witnesses. To show the…

1Opinion of the CourtAllen, J.

Several reasons of appeal from the decree of the probate court, allowing a copy of Manning' Kennard’s will, with a copy of the probate by the orphans’ court of Philadelphia, to be filed, are assigned.

The first reason, that of want of domicile of the testator in Philadelphia, being found against the appellants, cannot prevail.

The second reason is, that the will was not executed according to the laws of New Hampshire, in that the execution of the will was in the presence of only two witnesses, who subscribed their names to the attestation. The provisions of the statute, permitting the copy of a…

2Cases cited11 opinions

  1. Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
  2. Roome v. . PhillipsNew York Court of Appeals · 1862
  3. Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870
  4. Cooper v. HepburnSupreme Court of Virginia · 1860
  5. Wright v. . MillerNew York Court of Appeals · 1853

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3Cited by18 opinions

  1. Abbott v. LewisSupreme Court of New Hampshire · 1913
  2. Hayward v. SpauldingSupreme Court of New Hampshire · 1908
  3. Stratton v. StrattonSupreme Court of New Hampshire · 1896
  4. Flanders v. ParkerSupreme Court of New Hampshire · 1923
  5. Crosby v. CrosbySupreme Court of New Hampshire · 1886

13 more not listed; retrieve them via the Exa API.

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