Legal Opinion

Edmond v. Canfield

Supreme Court of Connecticut

Decided June 15, 1830PublishedCited by 11 opinions

IN ERROR. This was an appeal from a decree of the court of probate, allowing to the executors of John Edmond, deceased, (the present defendants in error) their administration account, including a charge for paying a debt to Lovey Edmond of 950 dollars, principal, and 30 dollars, 33 cents, interest.

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IN ERROR. This was an appeal from a decree of the court of probate, allowing to the executors of John Edmond, deceased, (the present defendants in error) their administration account, including a charge for paying a debt to Lovey Edmond of 950 dollars, principal, and 30 dollars, 33 cents, interest. The reason assigned for the appeal was, that the said sum of 980 dollars, 33 cents, ought not to have been allowed in said account, because it was not justly due to said Lovey Edmond. This was traversed ; and issue was joined thereon. The cause was tried at Litchfield, August term, 1829, before…

1Opinion of the Court

Hosmer, Ch. J.

Whether the superior court had jurisdiction of the appeal from the decree of probate, is the only question in the case.

It was argued, by the counsel for the defendants in error, that the court of probate had no authority to examine and adjudicate upon the claims of the creditors to an estate not represented insolvent; and from this it was inferred, that if it did adjudicate on the administration account, in which the payment *90of a debt was charged, no appeal could be taken from its determination.

If the premises are true, the inference is inadmissible. Although the determination…

2Cases cited1 opinion

  1. Goodrich v. HoweSupreme Court of Connecticut · 1810

3Cited by11 opinions

  1. State v. SegerbergSupreme Court of Connecticut · 1945
  2. Mack's Appeal from ProbateSupreme Court of Connecticut · 1898
  3. Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
  4. Chamberlin Appeal from ProbateSupreme Court of Connecticut · 1898
  5. Patterson v. Council on Probate Judicial ConductSupreme Court of Connecticut · 1990

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