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AMERICAN FIDELITY CO. v. BARNARD

No. 5004.

104 N.H. 146 (1962)

AMERICAN FIDELITY COMPANY, Ap't v. CHARLES H. BARNARD, Trustee & a., Ap'ees. AMERICAN FIDELITY COMPANY, Ap't v. CHARLES H. BARNARD, Executor & a., Ap'ees. HARTFORD ACCIDENT & INDEMNITY COMPANY, Ap't v. CHARLES H. BARNARD, Conservator, Ap'ee.

Supreme Court of New Hampshire.

Decided June 5, 1962.

Attorney(s) appearing for the Case

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Dort S. Bigg, Jr. (Mr. Bigg orally), for the American Fidelity Company.

Devine, Millimet & McDonough (Mr. Murray Devine orally), for the Hartford Accident & Indemnity Company.

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Theodore Wadleigh orally), for Winthrop Wadleigh, succeeding trustee of the estate of Frank E. Heald and administrator d.b.n., w.w.a.

WHEELER, J.

Charles H. Barnard was appointed conservator of Frank E. Heald by the Hillsborough county probate court on September 30, 1948. He gave bond with the Hartford Accident & Indemnity Company as surety in the penal sum of fifty thousand dollars. No inventory of this estate was ever filed and no account as conservator was filed until October 1, 1956, which was never allowed in the probate court.

Heald died testate July 9, 1951, and Barnard was appointed...

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