Legal Opinion

Tilton v. Tilton

Supreme Court of New Hampshire

Decided December 15, 1860PublishedCited by 1 opinion

Appeals from decrees of the judge of probate for this county, authorizing the appellee to sell the real estate of the testators, Each el Tilton and Jemima Tilton, respectively, to pay the expenses of administering their several estates, as heretofore allowed to him by said judge.

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Appeals from decrees of the judge of probate for this county, authorizing the appellee to sell the real estate of the testators, Each el Tilton and Jemima Tilton, respectively, to pay the expenses of administering their several estates, as heretofore allowed to him by said judge. The accounts were allowed May 18, 1852, and the decrees granting license to sell real estate were made October 21, 1856. The expenses of administration, on the estate of Eachel Tilton, were $34.08; on that of Jemima Tilton, $17.90. In each ease, $5 were included for fencing burying-ground. The expense of…

1Opinion of the CourtFowleh, J.

The interest of the appellant in the subject-matter of the decree, authorizing the sale of land owned by him subject to the life estate of his father, is too evident to require discussion. Rev. Stat., ch. 170, sec. 1; Comp. Laws 429.

The preliminary question as to the admissibility of the testimony of the appellant, it is unnecessary to consider, since the objection must be regarded as having been waived by the appellee, when he offered himself and was received as a witness, upon the general principle, that where testimony is incompetent or inadmissible when received, if, by the introduction…

2Cases cited6 opinions

  1. Van Orden v. Van OrdenNew York Supreme Court · 1813
  2. Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
  3. Lobach's CaseSupreme Court of Pennsylvania · 1837
  4. Beecker v. BeeckerNew York Supreme Court · 1810
  5. Green v. GoodrumCourt of Appeals of Kentucky · 1863

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Fleming v. AikenSupreme Court of New Hampshire · 1974

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