Scammon v. Pearson
Supreme Court of New Hampshire
Probate Appeal. The appellants’ testator, William H. Jaques, in 1916 filed in the probate court an account as executor of the will of Elizabeth H. Jaques.
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Probate Appeal. The appellants’ testator, William H. Jaques, in 1916 filed in the probate court an account as executor of the will of Elizabeth H. Jaques. Upon hearing, the probate court, August 14, 1916, made certain findings, among others that $20,000 American •Express Company bonds received by the executor were not income but part of the principal of the estate; and August 26, 1916, entered a decree charging the accountant with a balance of cash and securities in his hands amounting to $78,756.39. November 24, 1916, William died and the appellants were appointed executors under his will.…
1Opinion of the CourtParsons, C. J.
The substantial question between the parties is what questions are open upon the appellants’ appeal from the decree of October 5, 1917, charging their testator as executor with a balance of $116,598.50. Upon a probate appeal the appellants are limited to the questions presented by their reasons of appeal while all matters involved are open to the appellees. This familiar and well understood proposition would not be transferred to this court as an important question of law except for the confusion which has arisen from the claim that certain findings made by the court preliminary to the decree…
2Cases cited8 opinions
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Knight v. HollingsSupreme Court of New Hampshire · 1906
- Clough v. FowlerSupreme Court of New Hampshire · 1884
- Reed v. PrescottSupreme Court of New Hampshire · 1899
- Petition of the Milford & Manchester RailroadSupreme Court of New Hampshire · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Combs v. Equitable Life Ins. Co. of IowaCourt of Appeals for the Fourth Circuit · 1941
- Kourbetis v. Natl. Copper Bank of Salt Lake CityUtah Supreme Court · 1928
- Lamarre v. LamarreSupreme Court of New Hampshire · 1930