MacE v. Batchelder

114 A. 818, 80 N.H. 131, 1921 N.H. LEXIS 43
CourtSupreme Court of New Hampshire
DecidedMay 3, 1921
StatusPublished

This text of 114 A. 818 (MacE v. Batchelder) is published on Counsel Stack Legal Research, covering Supreme 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
MacE v. Batchelder, 114 A. 818, 80 N.H. 131, 1921 N.H. LEXIS 43 (N.H. 1921).

Opinion

Young, J.

The test to determine who is entitled to judgment is to inquire who would have been entitled if there had been no decree of adoption, for P. S., c. 181. s. 5, provides that if an adopted child “dies under age or intestate, leaving property received by gift or inheritance from his natural kindred, such property shall be distributed as if there had been no decree of adoption.”

The demanded premises were given to Jabez by one of his natural kindred, and if there had been no decree of adoption, they would have vested in the defendant at Jabez’s death. P. S., c. 196, s. 1; Laws 1903, c. 74.

Judgment for the defendant.

All concurred.

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Bluebook (online)
114 A. 818, 80 N.H. 131, 1921 N.H. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mace-v-batchelder-nh-1921.