Stewart v. Harriman
Supreme Court of New Hampshire
From the Merrimack Probate Court. For the purpose of raising certain questions of law only, the following facts were agreed, viz., — This case is an appeal from the decree of the judge of probate of said county of Merrimack, proving and approving a certain paper as the last will of Francis Davis, late of Warner, in said county, deceased.
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From the Merrimack Probate Court. For the purpose of raising certain questions of law only, the following facts were agreed, viz., — This case is an appeal from the decree of the judge of probate of said county of Merrimack, proving and approving a certain paper as the last will of Francis Davis, late of Warner, in said county, deceased. The said testator died on August 3, 1872, and said instrument was proved in common form as the last will of said Francis Davis, at a probate court,- held in and for said county, at Concord, August 27,1872. A petition, bearing date August 9, 1873, of Judith H.…
1Opinion of the Court
FROM THE MERRIMACK PROBATE COURT. It is contended by the appellee, that the change in the words of the statute of 1822 by the Revised Statutes of 1842, has changed the construction, so that now the whole proceedings, on the petition to prove in solemn form, must be completed within one year from the date of the proof in common form.
This construction of the Statute would render the period of limitation for probate, in solemn form, ambulatory, and depending not upon the diligence of the party in claiming his right, but on his good luck in getting through his litigation in one year. When we…
2Cases cited2 opinions
- Jewell v. HoldernessSupreme Court of New Hampshire · 1860
- Carlton v. CarltonSupreme Court of New Hampshire · 1859
3Cited by5 opinions
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Harriman v. MooreSupreme Court of New Hampshire · 1907
- In Re Estate of BoeseSupreme Court of Minnesota · 1942
- In Re Ferguson's EstateMichigan Supreme Court · 1940
- Peirce v. BurroughsSupreme Court of New Hampshire · 1880