Lucy v. Lucy
Supreme Court of New Hampshire
This was an appeal from the settlement of an administration account in the court of probate for the county of Rockingham. The case was referred to an auditor, who reported sundry facts in such manner as to raise some questions of law, and other questions of fact. The questions of fact being, so far as determined by the court, conclusions from certain facts stated by the auditor, and involving no principle of law, are not necessary to be reported.
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This was an appeal from the settlement of an administration account in the court of probate for the county of Rockingham. The case was referred to an auditor, who reported sundry facts in such manner as to raise some questions of law, and other questions of fact. The questions of fact being, so far as determined by the court, conclusions from certain facts stated by the auditor, and involving no principle of law, are not necessary to be reported. The facts upon which the questions of law arose are sufficiently stated in the opinion.
1Opinion of the CourtCushing, C. J.
It appears that the estate was solvent, and was not settled in the insolvent course. The administrator took possession of the real estate, made repairs, paid taxes assessed after the testator’s decease, and charged in his administration account for the services rendered by him, and the money paid out in thus taking care of the property. He also credited the estate with the amount of rents and profits received. The judge of probate disallowed these charges, and did not charge the administrator for the rents and profits, and the auditor, by his finding, referred the question of law to the court.
2Cases cited2 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Perkins v. PerkinsSupreme Court of New Hampshire · 1878
- In re Estate of RolfeSupreme Court of New Hampshire · 1992
- Weston v. Second Orthodox Congregational SocietySupreme Court of New Hampshire · 1919
- E. A. Strout Farm Agency v. WorthenSupreme Court of New Hampshire · 1923
- Bean v. Christian ChurchSupreme Court of New Hampshire · 1881
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