Marcy v. Amazeen
Supreme Court of New Hampshire
Bill in Equity, stating that in the plaintiff’s hands, as administrator of the estate of Joseph Amazeen, are three books of deposit in the Portsmouth Savings Bank, one in the name of Mary E., one in the name of John E., and one in the name of Florence (who are children and heirs at law of the deceased, and are made defendants), and praying for instructions.
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Bill in Equity, stating that in the plaintiff’s hands, as administrator of the estate of Joseph Amazeen, are three books of deposit in the Portsmouth Savings Bank, one in the name of Mary E., one in the name of John E., and one in the name of Florence (who are children and heirs at law of the deceased, and are made defendants), and praying for instructions. In their answers, the defendants, John E. and Florence, admit that the money was deposited by Joseph in his lifetime, and state that they are ignorant whether he intended the books in their names should belong to them or not. Mary admits…
1Opinion of the CourtStanley, J.
If the administrator is to be regarded as the party resisting Mary’s claim, no objection Avas made to her testimony by the only party Avho could object. Harvey v. Hilliard, 47 N. H. 551, 553; Burns v. Madigan, 60 N. H. 197. The case does not raise the question whether he could authorize John and Florence to exercise his power of objecting. And whatever questions may be raised in the probate court, or in a suit on his bond, as to his duty, the court is no more bound to sustain an objection not made by the proper party, than to act upon a plea of the general statute of limitations that is not…
2Cases cited10 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pattee v. WhitcombSupreme Court of New Hampshire · 1903
- Fernald v. FernaldSupreme Court of New Hampshire · 1921