Plumer v. Plumer
Superior Court of New Hampshire
Trover, for sixty loads of manure. The writ was dated January 24, 1853. The parties agreed to the following facts s The defendant and the father of the plaintiffs were the owners and tenants in common of a farm in Epping, subject to the life estate of their father therein, who died in March, 1852. June 21,1848, the father of the plaintiffs died intestate,, leaving a widow, who administered upon his estate, and the plaintiffs, who were minors, and his only heirs at law.
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Trover, for sixty loads of manure. The writ was dated January 24, 1853. The parties agreed to the following facts s The defendant and the father of the plaintiffs were the owners and tenants in common of a farm in Epping, subject to the life estate of their father therein, who died in March, 1852. June 21,1848, the father of the plaintiffs died intestate,, leaving a widow, who administered upon his estate, and the plaintiffs, who were minors, and his only heirs at law. Said estate was solvent, though settled in the insolvent form. Nath’l Bachelder was duly appointed guardian of the…
1Opinion of the CourtEastman, J.
The estate of the plaintiffs’ father, to which one undivided half of the premises spoken of in the case belonged, although solvent, was settled in the insolvent course. Had it been actually insolvent, no possession of the real estate could have been taken by the heirs, because the whole estate, real and personal, would be required to pay the debts and the expenses of the administration; and the rents and profits would go to the administratrix. Rev. Stat., ch. 159, § 10; Comp. Stat., ch. 168, § 10. Being solvent, however, these premises might, or might not, be required to pay the debts. If not…
2Cases cited8 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Middlebrook v. CorwinNew York Supreme Court · 1836
- Heath v. WilliamsSupreme Judicial Court of Maine · 1845
- Kittredge v. WoodsSuperior Court of New Hampshire · 1826
- Pinkham v. GearSuperior Court of New Hampshire · 1826
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3Cited by3 opinions
- Harriman v. ParkSupreme Court of New Hampshire · 1875
- Carter v. JacksonSupreme Court of New Hampshire · 1876
- Carter v. JacksonSupreme Court of New Hampshire · 1876