Perkins v. George
Supreme Court of New Hampshire
Tins is an appeal from the decree of the Judge of Probate of Hills-borough county, approving the will of Paul R. George, late of Hopkinton, in the county of Merrimack, deceased, and whose domicil was there at the time of his death.
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Tins is an appeal from the decree of the Judge of Probate of Hills-borough county, approving the will of Paul R. George, late of Hopkinton, in the county of Merrimack, deceased, and whose domicil was there at the time of his death. The will had been duly presented for probate to the Judge of Probate of Merrimack county, who declined to take jurisdiction, upon the ground that his wife was interested in the estate of the deceased, both as heir and legatee, and thereupon the will was presented to the Judge of Hillsborough county, to be approved and lowed. The other material facts sufficiently…
1Opinion of the CourtBellows, J.
The first question in this case is,whether the judge of probate for the county of Merrimack was interested as heir or legatee within the meaning of the Rev. St. ch. 152, secs. 10 and 11, so as to give jurisdiction to a judge of an adjoining county. If not, then the decree of Judge Cross has no validity, and this appeal must be dismissed ; and in that case the whole matter is properly before this court in the appeal of John H. George from the decree of Judge Perkins, declining to entertain jurisdiction of the probate of the will in question.
Section 10 of the law referred to provides that "no…
2Cases cited1 opinion
- De Peyster v. ClendiningNew York Court of Chancery · 1840
3Cited by2 opinions
- Mitchel v. DoverSupreme Court of New Hampshire · 1953
- Clarke v. ManchesterSupreme Court of New Hampshire · 1876