Home/Superior Court of New Hampshire/Judge of Probate v. Emery

Judge of Probate v. Emery

6 N.H. 141
CourtSuperior Court of New Hampshire
DecidedMarch 15, 1833
StatusPublished
Cited by2 cases

This text of 6 N.H. 141 (Judge of Probate v. Emery) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Judge of Probate v. Emery, 6 N.H. 141 (N.H. Super. Ct. 1833).

Opinion

By the court.

There are cases, in which a refusal to pay a debt, or a legacy, will not amount to a breach of the conditions of a common probate bond.

But we entertain no doubt, that a refusal, by an executor, to pay a legacy to which he has assented, is a breach of the condition of a bond to pay debts and legacies. 3 Mass. Rep. 252, Glover v. Heath; 3 N. H. Rep. 147, Claggett v. Hardy; 4 Pick. 380, White v. Stanwood; 6, ditto, 48, White v. Winchester; 9 Mass. Rep. 235, Lyman v. Clark; 14 ditto, 428, Prescott v. Parker; 9 ditto, 376, Prescott v. Petts; 4 ditto, 208, Dawes v. Swan.

Judgment for the plaintiff.

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Related

Judge of Probate v. Kimball
12 N.H. 165 (Superior Court of New Hampshire, 1841)
Judge of Probate v. Locke
6 N.H. 396 (Superior Court of New Hampshire, 1833)

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Bluebook (online)
6 N.H. 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judge-of-probate-v-emery-nhsuperct-1833.