Tilton v. Tilton
Supreme Court of New Hampshire
Appeal, from a decree of the judge of probate for this county, granting to the appellee as executor of the last will and testament of Rachel Tilton, deceased, license to sell the real estate of said testatrix to pay the expenses of administration, amounting to about seventeen dollars.
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Appeal, from a decree of the judge of probate for this county, granting to the appellee as executor of the last will and testament of Rachel Tilton, deceased, license to sell the real estate of said testatrix to pay the expenses of administration, amounting to about seventeen dollars. The decree appealed from was made on the twenty-first day of October, 1856. The appeal was taken December 18, 1856, within sixty days from the date of the decree to the Supreme Judicial Court for this county, holden on the fourth Tuesday of December, 1856. Bond was duly filed, but no notice of the appeal was…
1Opinion of the CourtFowler, J.
The only question in this case arises upon the construction of those provisions of the 170th chapter of the Revised Statutes relating to the manner of taking appeals from courts of probate. The first section provides that any person aggrieved may appeal to the superior court of judicature next to be holden in the county. The second section limits the right of appeal to sixty days from the date of the decree appealed from. The fourth section requires immediate notice of the appeal and of the court at which it will be entered and prosecuted to be given by publication in some newspaper printed…
2Cases cited2 opinions
- Hutchen v. NibloIndiana Supreme Court · 1836
- The HarrietU.S. Circuit Court for the District of Maine · 1840
3Cited by1 opinion
- Grout v. ColeSupreme Court of New Hampshire · 1876