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59 N.H. 149

Pettes v. Upham

Supreme Court of New Hampshire

Decided June 5, 1879

Supreme Court of New Hampshire · decided 1879-06-05

<p>Under Gen. Laws, c. 184, s. 6, the revocation of a guardianship, the personal cause of which has ceased, is not prevented by a pending process of settling the ward’s estate in the insolvent course, under Gen. Laws, c. 186, s. 10.</p>

Decided 1879-06-05

*150 Bingham, J.

¶1 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.

¶2 Decree reversed.

All concurred.
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