Lyme v. Allen
Supreme Court of New Hampshire
] IN EQUITY. This bill is brought by the town of Lyme against Harris Allen, Thomas J. Emmons, Jehiel H. Simonds, Joseph H. Peters, David C. Hall, Rodoiph Hall, William C. Culver, The Trustees of Dartmouth College, and Daniel P. Wheeler.
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] IN EQUITY. This bill is brought by the town of Lyme against Harris Allen, Thomas J. Emmons, Jehiel H. Simonds, Joseph H. Peters, David C. Hall, Rodoiph Hall, William C. Culver, The Trustees of Dartmouth College, and Daniel P. Wheeler. The substantial allegations of the bill are, that David Culver, by his last will, devised certain property to the trustees of Dartmouth college, and also two thousand dollars to the plaintifl~; appointed the defend- ants Allen, Emmons, and Simonds his executors, and died June 14, 1865; that said will was proved in common form, August 17, 1865, and that said…
1Opinion of the CourtFosteR, J.
It will be observed that the bill alleges that the heirs at law “ duly took an appeal” from the solemn probate of the will, and “duly entered their said appeal” and “ duly prosecuted the same ” in the proper law term of this court, which is the supreme court of probate.
It is to be presumed that all the requirements and forms of the law regulating appeals were observed, and consequently that notice of said appeal was given by publication in the usual form, and in accordance with secs. 1-4, ch. 188 of the General Statutes. And it is not alleged that the complainants did not have actual notice…
2Cases cited12 opinions
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Walker v. RobbinsSupreme Court of the United States · 1853
- Day v. CummingsSupreme Court of Vermont · 1847
- Shottenkirk v. WheelerNew York Court of Chancery · 1818
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