Fellows v. Little
Supreme Court of New Hampshire
In this case the parties agree upon the following statement of facts : Hezekiah Fellows, the intestate, died in 1861, leaving a widow and four children and heirs-at-law, to wit: John, this app’t, aged 46 ; Catherine Gleason, 41; George, 37; and Salome McCurdy, 34 years. George has since died, leaving a widow and children.
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In this case the parties agree upon the following statement of facts : Hezekiah Fellows, the intestate, died in 1861, leaving a widow and four children and heirs-at-law, to wit: John, this app’t, aged 46 ; Catherine Gleason, 41; George, 37; and Salome McCurdy, 34 years. George has since died, leaving a widow and children. On the settlement of the administrator’s account in the probate court, July 28, 1863, there was found in his hands for distribution, a balance of $2364.74, and it was then decreed and ordered by said court that the same should be distributed and paid over as hereinafter…
1Opinion of the CourtNesmith, J.
The material question is, whether, from the facts presented before us, the judge of probate for the county can be sustained in finding the charges made against the appellant by his father on his book, as competent evidence of an advancement made to him in anticipation of the son’s share of his father’s estate.
The question is to be determined upon a fair construction of our statute upon this subject, and upon the usages had elsewhere in cases where a similar statute law prevails. Section 12 of chap. 176 Compiled Laws provides : That no personal property delivered shall be deemed an…
2Cases cited5 opinions
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1821
- Hatch v. StraightSupreme Court of Connecticut · 1819
- Johnson v. BeldenSupreme Court of Connecticut · 1850
- Weatherhead v. FieldSupreme Court of Vermont · 1854
- Brown v. BrownSupreme Court of Vermont · 1844
3Cited by1 opinion
- Hirning v. WebbIdaho Supreme Court · 1966