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MONTVILLE v. HAMBLIN

No. 3946.

96 N.H. 356 (1950)

WINIFRED H. MONTVILLE, Ap't v. JAMES R. HAMBLIN & a. Ap'ee.

Supreme Court of New Hampshire.

December 5, 1950.

Attorney(s) appearing for the Case

William H. Sleeper and Maybelle Fellows Murphy, of Massachusetts, for the plaintiff.

John W. Perkins and Everett P. Holland, for the defendants.

JOHNSTON, C. J.

The defendants correctly argue that the issue of their legitimacy was actually litigated in the first proceeding and that the plaintiff is precluded by it. A decree of a Probate Court cannot be attacked collaterally. McInnes v. Goldthwaite, 94 N.H. 331, 336, and cases cited. This conclusiveness of a probate decree applies to a judgment of the Superior Court sitting as an appellate court of probate.

It is true that the cause of...

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