Jaques v. Chandler
Supreme Court of New Hampshire
Appeal, from a probate decree dismissing the petition of the appellant for an extension of the time for filing a waiver of the provisions in his favor of the will of his wife, Elizabeth H. Jaques. Mrs. Jaques died April 2, 1895, and the petition was filed in the probate court December 28, 1897. Facts found, and case transferred from the April term, 1904, of the superior court, by Stone, J.
1Opinion of the CourtParsons, C. J.
The husband may waive the provisions of his wife’s will in his favor by writing filed within one year after her •decease, “and not afterwards, unless the judge of probate, upon petition and for good cause shown, shall extend the time.” P. S., •c. 186, s. 13; lb., c. 195, s. 14. The plaintiff’s petition for leave to file a waiver of the will after the expiration of the year having been denied by the probate court, he duly appealed to and pros•ecuted his appeal in the superior court. That court, upon hearing, made a special finding of facts and held that the facts found ■did “not constitute,…
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