Grout v. Cole
Supreme Court of New Hampshire
From Coos Probate Court. Petition, for leave to appeal from the decree of the judge of probate for this county, made May 4,1875, allowing the account of the defendant as administratrix of the estate of Daniel Q. Cole, deceased, of which estate the petitioners are creditors. The evidence shows that they seasonably left with their attorneys, Messrs.
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From Coos Probate Court. Petition, for leave to appeal from the decree of the judge of probate for this county, made May 4,1875, allowing the account of the defendant as administratrix of the estate of Daniel Q. Cole, deceased, of which estate the petitioners are creditors. The evidence shows that they seasonably left with their attorneys, Messrs. Aldrich & Parsons, their appeal duly signed, and bond duly executed, to be filed in the office of the register of probate; that the papers were accidentally mislaid by a clerk in the office of their attorneys without their knowledge; that eacli of…
1Opinion of the Court
FROM COOS PROBATE COURT. I think that under the decisions in this state this petition should be granted. Matthews v. Fogg, 35 N.H. 289; Parker's Petition, 15 N.H. 24; Insurance Co. v. Lisbon Man'f'g Co., 22 N.H. 170; Tilton v. Tilton,35 N.H. 430; French's Petition, 17 N.H. 472; Holt v. Smart, 46 N.H. 9. This case can hardly be distinguished from Matthews v. Fogg, where the accident relied upon was the mistake or neglect of the express agent to file the papers in the probate office until the day after the sixty days limited by law for taking the appeal, although seasonably delivered to him for…
2Cases cited6 opinions
- Parker's AppealSuperior Court of New Hampshire · 1844
- Holt v. SmartSupreme Court of New Hampshire · 1865
- Matthews v. FoggSupreme Court of New Hampshire · 1857
- N. E. Mutual Fire Insurance v. Lisbon Manufacturing Co.Superior Court of New Hampshire · 1850
- Petition of FrenchSuperior Court of New Hampshire · 1845
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3Cited by3 opinions
- Broderick a Ap'ts v. SmithSupreme Court of New Hampshire · 1942
- Clough v. WiltonSupreme Court of New Hampshire · 1918
- Dame v. WoodSupreme Court of New Hampshire · 1907