Merrill v. Putnam
Supreme Court of New Hampshire
Probate Appeal, from a decree allowing the appellee to prosecute a petition for proof in solemn form of the will of Samuel Putnam. The appeal was dismissed in the superior court, and the plaintiff excepted. Facts found, and case transferred from the November term, 1911, of the superior court, by Wallace, C. J. Samuel Putnam died in 1909, testate.
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Probate Appeal, from a decree allowing the appellee to prosecute a petition for proof in solemn form of the will of Samuel Putnam. The appeal was dismissed in the superior court, and the plaintiff excepted. Facts found, and case transferred from the November term, 1911, of the superior court, by Wallace, C. J. Samuel Putnam died in 1909, testate. Upon petition of his widow his will was proved in solemn form, but the statutory appointments of agents for non-residents and guardians for minors were not made. Immediately after the decree the widow filed a waiver of the provisions of the will in…
1Opinion of the CourtPeaslee, J.
As the facts are understood, due notice of the proceeding to prove the will in solemn form was given in the first instance so as to bind all but minors and persons out of the state. This is conceded by the plaintiff in his last brief, wherein he recites that the usual notice was given. By that notice Abbie Putnam was made a party to the proceeding in the probate court. She entered a formal appearance when she appealed from the decree. Upon that appeal it was held in the superior court that the proceeding in the probate court was invalid for want of proper proceedings as to minors and…
2Cases cited2 opinions
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Adams v. AdamsSupreme Court of New Hampshire · 1886