58 N.H. 62
Supreme Court of New Hampshire
Decided December 5, 1876
Supreme Court of New Hampshire · decided 1876-12-05
Appeal, from the decision of the commissioner, disallowing a claim of the appellants, as executors of Lombard, against one Hall, of whose estate the appellee is administrator. The appellant, Bedell, was judge of probate for the county of Coos. The appellee pleaded that Be-dell appointed the commissioner, approved and accepted the report, allowed tlie appeal, and issued the order of notice. The appellants demurred.
Cited by 2 later decisions — most recently March 1911
2 state decisions
Relies on Moses v. Julian · Stearns v. Wright
Good law ✅— No negative treatment on recordhow we know
Decided 1876-12-05
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¶1 No judge of probate shall act as such in the settlement of any estate in which lie is interested asan executor. Gen. St., c. 170, s. 11. In such a case lie has, and can have, no jurisdiction. The acts of Bedell were absolutely void. Stearns v. Wright, 51 N. H. 610; Moses v. Julian, 45 N. H. 60.
¶2 Demurrer overruled.