Hills v. Baker
Supreme Court of New Hampshire
Appeal, from the decree of the probate court by the executor of the will of Charles I. Baker, directing him to pay to the defendant, who is the residuary legatee, the sum of $95.29, the balance in the hands of the executor upon settlement of his account of administering the estate of the deceased. The reasons of appeal assigned are, that the decree was made without notice to the executor, and that the estate has not been fully administered.
Read the full summary
Appeal, from the decree of the probate court by the executor of the will of Charles I. Baker, directing him to pay to the defendant, who is the residuary legatee, the sum of $95.29, the balance in the hands of the executor upon settlement of his account of administering the estate of the deceased. The reasons of appeal assigned are, that the decree was made without notice to the executor, and that the estate has not been fully administered. The defendant moved to dismiss, and upon this motion evidence was taken from which the following facts were found: The- plaintiff was appointed executor…
1Opinion of the CourtSmith, J.
Whether the executor was entitled to notice of the decree of distribution (G. L., c. 192, s. 2), it is not important to inquire, for the appeal will not be entertained if it appear that no injustice has been done to him by the decree. Ela v. Goss, 20 N. H. 53.
The only person interested in the further administration of the estate is the defendant, who desires nothing further done. As whatever further administration is had must be for her benefit and at her expense, her request to the plaintiff to resign was reasonable. The claim of Bartlett has been released, and the uncollected claims due the…
2Cited by1 opinion
- Bank of New York & Trust Co. v. TiltonSupreme Court of New Hampshire · 1925