Morgan v. Dodge
Supreme Court of New Hampshire
This is an appeal from a decree of the court of probate, made January 15, 1862, declaring void tbe appointment of the appellant as executrix of the will of ber late husband, and revoking her letters testamentary. The original decree, made May 14, 1856, recites that Comfort Morgan, the executrix named in the will of "William Morgan, deceased, being the residuary legatee, having accepted the trust and given bond, as the law directs, to pay debts, legacies, &c.
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This is an appeal from a decree of the court of probate, made January 15, 1862, declaring void tbe appointment of the appellant as executrix of the will of ber late husband, and revoking her letters testamentary. The original decree, made May 14, 1856, recites that Comfort Morgan, the executrix named in the will of "William Morgan, deceased, being the residuary legatee, having accepted the trust and given bond, as the law directs, to pay debts, legacies, &c. The decree appealed from denies that she was residuary legatee, and on that ground declares her appointment void, and revokes the.…
1Opinion of the CourtBell, C. J.
It is contended that if administration is granted improperly, the only remedy is by appeal; but the law can not be laid down so broadly. A judgment of the court of probate upon any matter within its jurisdiction, not appealed from, is conclusive to the same extent as a judgment of a court of common law. Bryant v. Allen, 6 N. H. 116; Ham v. Ayers, 22 N. H. 423; Tibbetts v. Tilton, 24 N. H. 120; Merrill v. Harris, 26 N. H. 517.
A grant of letters testamentary, or of letters of administration, *258follows a decision of the court upon the matters alleged in the petition upon which the proceedings are…
2Cases cited6 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
- Duncan v. StewartSupreme Court of Alabama · 1854
- Mills v. CarterIndiana Supreme Court · 1846
- Creath v. BrentCourt of Appeals of Kentucky · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Fitzroy v. United StatesUnited States Court of Claims · 1937
- Kelley v. Peerless InsuranceSupreme Court of New Hampshire · 1981