DUNCAN v. BIGELOW

No. 3913.

96 N.H. 216 (1950)

GEORGE H. DUNCAN, Adm'r, w. w. a. v. GEORGIA ADELLA BIGELOW & a.

Supreme Court of New Hampshire.

April 4, 1950.


Attorney(s) appearing for the Case

John R. Spring, for the plaintiff.

The defendants entered no appearances.


JOHNSTON, C. J.

A preliminary question arises concerning the right of the administrator to have the will construed. It was held in Podrasnik v. Trust Company, 92 N.H. 65, that the sole procedure for an executrix who desired a will construed for purposes of distribution was "to file an account of her settlement of the estate accompanied with a petition for a decree of distribution of the balance found in her hands upon the settlement."

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