Legal Opinion

In Re Bassett Estate

Supreme Court of New Hampshire

Decided April 30, 1963No. 5115PublishedCited by 6 opinions

1Opinion of the CourtKenison, C. J.

One of the problems involved in the present litigation in determining the interested parties was the possibility that the son Royal (aged 63) or his present wife Evelyn (aged 45) might have children. There was an ancient common law so-called conclusive presumption that any person is capable of having children regardless of age, physical condition, surgery or medical opinion. This presumption, dutifully reported and supported by Littleton, Coke and Blackstone, received further impetus in Jee v. Audley, 1 Cox 324 (Ch. 1787). See Annot. 67 A.L.R. 539; 146 A.L.R. 794. This rule never made very…

2Cases cited2 opinions

  1. United States v. Provident Trust Co.Supreme Court of the United States · 1934
  2. Commissioner of Corporations & Taxation v. BullardMassachusetts Supreme Judicial Court · 1943

3Cited by6 opinions

  1. Lux v. LuxSupreme Court of Rhode Island · 1972
  2. In Re Estate of RansomNew Jersey Superior Court Appellate Division · 1965
  3. National Broadcasting Co. v. District of Columbia Commission on Human RightsDistrict of Columbia Court of Appeals · 1983
  4. Street v. Nat. Newark & Essex BankNew Jersey Superior Court Appellate Division · 1972
  5. Frost National Bank of San Antonio v. NewtonTexas Supreme Court · 1977

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