Pettes v. Upham

Supreme Court of New Hampshire

Pettes v. Upham

59 N.H. 149

DecidedJune 5, 1879

StatusPublished

This text of 59 N.H. 149 (Pettes v. Upham) 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

Pettes v. Upham, 59 N.H. 149 (N.H. 1879).

Pincite

Opinion

*150 Bingham, J.

The plaintiff is under guardianship as a spendthrift. Upon his petition for revocation, the probate court found, that the cause for guardianship had ceased; but his petition was denied, on the ground that his creditors’ rights might be injuriously-affected by a revocation before the completion of the pending-process of settling his estate in the insolvent course, under Gen. Laws, e. 186, s. 10. Without undertaking to determine what effect, if any, a revocation will have upon that process, or upon the rights-of his creditors, we are of the opinion that he is entitled to personal freedom and a decree of revocation.

Decree reversed.

All concurred.

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*150 Bingham, J.

The plaintiff is under guardianship as a spendthrift. Upon his petition for revocation, the probate court found, that the cause for guardianship had ceased; but his petition was denied, on the ground that his creditors’ rights might be injuriously-affected by a revocation before the completion of the pending-process of settling his estate in the insolvent course, under Gen. Laws, e. 186, s. 10. Without undertaking to determine what effect, if any, a revocation will have upon that process, or upon the rights-of his creditors, we are of the opinion that he is entitled to personal freedom and a decree of revocation.

Decree reversed.

All concurred.

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Bluebook (online)

59 N.H. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettes-v-upham-nh-1879.