Shirley v. Healds
Supreme Court of New Hampshire
Probate Appeal. At a court of probate for Hillsborough county, holden on the second day of October, 1855, an instrument, purporting to be the last will and testament of Daniel M. Shirley, late of Goffstown, in said county, deceased, was presented for probate by Robert M. Shirley, the executor therein named, and the present appellant, and was duly allowed and proved in common form by the testimony of one of the subscribing witnesses.
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Probate Appeal. At a court of probate for Hillsborough county, holden on the second day of October, 1855, an instrument, purporting to be the last will and testament of Daniel M. Shirley, late of Goffstown, in said county, deceased, was presented for probate by Robert M. Shirley, the executor therein named, and the present appellant, and was duly allowed and proved in common form by the testimony of one of the subscribing witnesses. Subsequently, on petition of the appellees, Mary J. Heald and Ephraim Heald, who were interested in said will, the probate thereof was reexamined, and upon an…
1Opinion of the CourtFowler, J.
By the provisions of the statute of this State, any person aggrieved by any decree, order, appointment, grant or denial of any judge of probate, which may conclude his interest, and which is not strictly interlocutory, may appeal therefrom to the Superior Court of Judicature next to be holden in the county. Such appeal must be claimed within sixty days from the time of making such decision, and not after, in writing signed by the party appealing, or his attorney, setting forth his interest therein, and the reasons of his appeal. Revised Statutes, chap. 170, secs. 1, 2.
It is apparent, from the…
2Cases cited1 opinion
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
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- Richardson v. MartinSupreme Court of New Hampshire · 1874
- In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009
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