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75 N.H. 410

75 A 98

Eagan v. Kenney

Supreme Court of New Hampshire

Decided January 4, 1910

Supreme Court of New Hampshire · decided 1910-01-04

Bill in Equity, to establish a resulting trust. Transferred from the May term, 1909, of the superior court by Chamberlin, J. The defendants are the administrator and heirs-at-law of James S. Kenney, and the plaintiff was his fiancee. Subject to exception, she was permitted to testify in relation to matters as to which he could have testified if living. If her testimony was admissible, there is to be a decree in her favor.

Relies on Crowley v. Crowley · Parsons v. Wentworth · Weston v. Elliott

Good law ✅— No negative treatment on recordhow we know

Decided 1910-01-04

How this case has been cited

Cited by 3 later decisions — most recently May 1935

3 state decisions

10191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Young, J.

¶1 The court found that James bought the house with the plaintiff’s money, and the evidence warrants the finding in so far as the plaintiff’s testimony was admissible. Although it was inadmissible against the administrator (Parsons v. Wentworth, 73 N. H. 122; P. S., c. 224, s. 16), it was admissible against the heirs-at-law (Crowley v. Crowley, 72 N. H. 241) ; for the mere fact that the administrator is a party does not make her testimony incompetent as to them. Weston v. Elliott, 72 N. H. 433. The bill therefore must be dismissed as to the administrator, but as to the heirs the decree stands; and he will treat her share of the house in settling James’ estate just as he would if James had devised it to her.

¶2 Case discharged.

All concurred.
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