Wadleigh v. Eaton
Supreme Court of New Hampshire
Petition, for leave to appeal from a decree of the probate court. Facts found by a referee. The plaintiff, Achsah C. Wadleigh, is the defendant’s ward. Her petition for a revocation of the guardianship was dismissed by the probate court. She intended to take an appeal, and at her instance the judge fixed the amount of the appeal bond, but she was unable to obtain the required sureties, having no means to secure them, all her property being in the hands of her guardian.
Read the full summary
Petition, for leave to appeal from a decree of the probate court. Facts found by a referee. The plaintiff, Achsah C. Wadleigh, is the defendant’s ward. Her petition for a revocation of the guardianship was dismissed by the probate court. She intended to take an appeal, and at her instance the judge fixed the amount of the appeal bond, but she was unable to obtain the required sureties, having no means to secure them, all her property being in the hands of her guardian. She was thereby prevented from appealing within the sixty days allowed for that purpose.
1Opinion of the CourtBingham, J.
Any person aggrieved by any probate decision, who was prevented from appealing within sixty days, through mistake, accident, or misfortune, and not from his own neglect, may be allowed an appeal. G. L., e. 207, s. 7. The law having placed the plaintiff’s property under the control of her guardian, she was unable to give a bond, with sufficient sureties, as required by Gen. Laws, c. 207, s. 3. This was a misfortune. The court may exercise its discretion as to requiring the plaintiff to furnish security for costs. G. L., c. 207, s. 10. She will not be ordered to do so at this time'. The…
2Cited by1 opinion
- Chesley v. Estate of ChesleySupreme Court of New Hampshire · 1977