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Stark v. Winslow

Supreme Court of New Hampshire Merrimack
Dec 1, 1914
92 A. 733 (N.H. 1914)

Opinion

Decided December 1, 1914.

PROBATE APPEAL. The plaintiff was cited into the probate court to settle his account as trustee under the will of Harriet Stark. The court not only charged him with the accumulated income of the trust fund, but ordered him to pay it to St. Paul's School, and from the latter part of the decree he appealed. At the April term, 1914, of the superior court, the appeal was dismissed by Branch, J., and the plaintiff excepted.

Martin Howe (Mr. Howe orally), for the plaintiff.

Samuel C. Eastman (by brief and orally), for the defendant.

Foster Lake, for St. Paul's School.


The probate court has no jurisdiction of the distribution of personal property passing by will. P. S., c. 196, s. 6. Consequently it had no power to make the decree appealed from. The order must therefore be,

Appeal sustained: decree of the probate court vacated in so far as it relates to the distribution of the accumulated income.

All concurred.


Summaries of

Stark v. Winslow

Supreme Court of New Hampshire Merrimack
Dec 1, 1914
92 A. 733 (N.H. 1914)
Case details for

Stark v. Winslow

Case Details

Full title:CHARLES F. M. STARK, Ap't, v. ARTHUR WINSLOW

Court:Supreme Court of New Hampshire Merrimack

Date published: Dec 1, 1914

Citations

92 A. 733 (N.H. 1914)
77 N.H. 599

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