Mercer v. Pike
Supreme Court of New Hampshire
Appeal, from the decree of the probate court appointing the defendant administrator de bonis non, with the will annexed, of Walter Mercer, deceased. The testator died in 1864, appointing Israel Hall his executor, and John Mercer residuary legatee. Hall renounced the trust, and John Mercer was appointed administrator with the will annexed, giving bond to pay funeral charges, debts, and legacies.
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Appeal, from the decree of the probate court appointing the defendant administrator de bonis non, with the will annexed, of Walter Mercer, deceased. The testator died in 1864, appointing Israel Hall his executor, and John Mercer residuary legatee. Hall renounced the trust, and John Mercer was appointed administrator with the will annexed, giving bond to pay funeral charges, debts, and legacies. (Gen. St., c. 176, s. 13.) John Mercer died in 1875, and Julia A. Mercer, his widow, was appointed his administratrix. The defendant was appointed administrator of the estate of Walter Mercer, with the…
1Opinion of the CourtSmith, J.
Three of the petitioners for the appointment of the defendant, having been paid their legacies in full by John Mercer in his lifetime, have no further interest in the estate, and no claim to be heard upon the question of further administration. The other petitioner is the widow of the testator, and she by her appeal opposes the appointment of Mr. Pike, who is neither creditor nor legatee, and has no interests to be protected.
It thus appears that no person interested in the estate desires further administration ; on the contrary, the widow and the administratrix of the residuary legatee, who…
2Cited by2 opinions
- Ruland v. South NewmarketSupreme Court of New Hampshire · 1879
- Woodman v. RoweSupreme Court of New Hampshire · 1879