Webster v. Webster
Supreme Court of New Hampshire
Bill in Equity, for relief under s. 2, c. 7, Laws of 1872. The bill alleges the death of Thomas Webster, the appointment of the defendant as administrator, the indebtedness of the deceased to the plaintiff, and a failure to prosecute her claim within three years from the date of administration, without culpable neglect, and through t-lie mistaken belief that she was the widow of the deceased.
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Bill in Equity, for relief under s. 2, c. 7, Laws of 1872. The bill alleges the death of Thomas Webster, the appointment of the defendant as administrator, the indebtedness of the deceased to the plaintiff, and a failure to prosecute her claim within three years from the date of administration, without culpable neglect, and through t-lie mistaken belief that she was the widow of the deceased. The answer denied the indebtedness, and alleged that the plaintiff’s claim was not exhibited to the administrator within two years, nor prosecuted by suit within three years from the date of…
1Opinion of the CourtAllen, J.
The grounds on which the statute (Laws of 1872-, c. 7, s. 2) affords relief to creditors of a deceased person’s estate, who have not prosecuted their claims within the time prescribed by law, are justice and equity, and want of culpable negligence on the part of the claimant. The mistaken belief of the plaintiff, that she was the widow of the deceased, led her to suppose that she had no claim as a creditor until it was too late to prosecute it at law. If the mistake was honest, and one for laboring under which she- was in no fault, it would be unjust that she should in consequence lose her…
2Cited by3 opinions
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