Wentworth v. Treanor
Superior Court of New Hampshire
Motion to dismiss an appeal taken from a decree of the judge of probate, made on the 30th day of September, 1854. On the 7th of March, 1854, Bernard Treanor and others presented a petition to the judge of probate, setting forth, in substance, that they were residents of Edinmore, in the county of Monaghan, in Ireland, and were the brothers and sisters and heirs-at-law of Richard P. Treanor, late of Lancaster, in the county of Coos, deceased.
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Motion to dismiss an appeal taken from a decree of the judge of probate, made on the 30th day of September, 1854. On the 7th of March, 1854, Bernard Treanor and others presented a petition to the judge of probate, setting forth, in substance, that they were residents of Edinmore, in the county of Monaghan, in Ireland, and were the brothers and sisters and heirs-at-law of Richard P. Treanor, late of Lancaster, in the county of Coos, deceased. That Richard died at Lancaster, on or about the 13th day of October, 1843, having while he lived, and at the time of his death, personal estate in. the…
1Opinion of the CourtEastman, J.
Both parties rely upon the same statute as sustaining them in their views of the question presented. The section is as follows: “ Any person aggrieved by any decree, order, appointment, grant or denial of any judge of probate, which may conclude his interest, and which is not strictly interlocutory, may appeal therefrom to the superior court of judicature, next to be holden in the county.” Rev. Stat., ch. 170, § 1.
Was this decree, in the words of the statute, “ strictly interlocutory,” from which an appeal could not properly be taken, or was it, on the contrary, one of those matters which, in…
2Cited by1 opinion
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