TOWLE v. YEATON

No. 4126.

97 N.H. 427 (1952)

FRANK TOWLE & a. v. VINTON R. YEATON, Ex'r.

Supreme Court of New Hampshire.

July 1, 1952.


Attorney(s) appearing for the Case

Transferred by Wheeler, J. Further facts appear in the opinion.

McCabe & Fisher (Mr. Fisher orally), for Frank Towle.

John W. Perkins and Upton, Sanders & Upton (Mr. Sanders orally), for Christine Pierrochakow.

L. H. Cater for the city of Somersworth.

Wyman, Starr, Both, Wadleigh & Langdell (Mr. Wyman and Philip Peters orally), for Vinton R. Yeaton, executor.


BLANDIN, J.

The first question before us is whether R. L., c. 352, ss. 20, 21, relating to the appointment of special administrators authorizes such an appointment pending an appeal from the proof of a will in solemn form and after the appointment of an executor under it. Our answer is that we believe the statute does authorize such action whenever the interests of the estate require it.

The next question is whether in this case the Trial Court...

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