Bellows v. Grant
Superior Court of New Hampshire
This was an appeal from the decree of the judge of probate, making division, partition, or distribution of the estate of Benjamin Bellows, deceased intestate, among the heirs, viz. the appellant, and the appellee, in right of his wife. Both applied for division. The decree was made May 10, 1804 ; the same day appeal claimed and allowed.
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This was an appeal from the decree of the judge of probate, making division, partition, or distribution of the estate of Benjamin Bellows, deceased intestate, among the heirs, viz. the appellant, and the appellee, in right of his wife. Both applied for division. The decree was made May 10, 1804 ; the same day appeal claimed and allowed. The objection to the allowance of the return of the five freeholders who made the division, and now insisted on, was that they took into consideration (and divided unequally) certain estate which did not belong to the intestate at the time of his death, he…
1Opinion of the Court
But
The Court
inclined toa different opinion. They have the power to divide and distribute the estate of the intes-
*116tate among the heirs (certainly that of which he died possessed). How can they divide the estate without determining what the estate is, and the value of each part; who the heirs are, and to what proportion each is entitled ? It is declared in the statute (N. H. Laws, ed. 1805, 171, 172) that the division shall be valid. It must, at.least, be valid as among the heirs (unless some after-event shall render it unequal). Perhaps', if the lands of a stranger are divided unequally, in…
2Cited by1 opinion
- Hackett v. CommonwealthSupreme Court of Pennsylvania · 1850