Legal Opinion

Doughty v. Little

Supreme Court of New Hampshire

Decided December 5, 1881PublishedCited by 11 opinions

Petition, for leave to appeal from a decree of the judge of probate, accepting the report of a committee to assign the defendant’s dower and homestead in the estate of her deceased husband, of whom the plaintiffs are the heirs at law.

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Petition, for leave to appeal from a decree of the judge of probate, accepting the report of a committee to assign the defendant’s dower and homestead in the estate of her deceased husband, of whom the plaintiffs are the heirs at law. The reasons of appeal are because the homestead set off to her greatly exceeds $500 in value; because the yearly income of the portion of the estate assigned as dower is much greater than one third of the yearly income of all the real estate of which her husband died seized; and because dower was injudiciously assigned so as to encumber much more of the estate…

1Opinion of the CourtCarpenter, J.

Gen. Laws, c. 204, s. 8, provides that “the written report of such committee (to assign dower and homestead), made after due notice and hearing, being accepted by the judge, upon due notice, shall be final and conclusive upon all parties.” In Bond v. Dunbar, 2 N. H. 216, cited by the defendant, it was held that no appeal lay from a decree of the judge of probate accepting the report of referees, under the statute of February 11,1793 (Laws of 1815, p. 221), which provided that such referees’ “report, being returned to the said judge, and accepted by him, shall be final between the parties.”…

2Cases cited4 opinions

  1. Free v. BuckinghamSupreme Court of New Hampshire · 1879
  2. Fuller v. BaileySupreme Court of New Hampshire · 1877
  3. Cummings v. Center HarborSupreme Court of New Hampshire · 1876
  4. Waldron v. WoodmanSupreme Court of New Hampshire · 1876

3Cited by11 opinions

  1. State v. CorronSupreme Court of New Hampshire · 1905
  2. Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
  3. Estate of Labombarde v. CommissionerUnited States Tax Court · 1972
  4. Attorney-General Ex Rel. Knapp v. LittlefieldSupreme Court of New Hampshire · 1916
  5. Simpson v. GafneySupreme Court of New Hampshire · 1891

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