IN RE BASSETT ESTATE

No. 5115.

104 N.H. 504 (1963)

IN RE SHELDON BASSETT ESTATE.

Supreme Court of New Hampshire.

Decided April 30, 1963.


Attorney(s) appearing for the Case

Booth, Wadleigh, Langdell, Starr & Peters for the plaintiff trustee, furnished no brief.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Dort S. Bigg (Mr. Bigg orally), for Mary Elizabeth Jackson.

Broderick & Loughlin (Mr. Martin F. Loughlin) (by brief), for Royal Bassett and Evelyn Bassett.

Chester C. Eaton for the surviving wife and children of Joseph W. Eaton, furnished no brief.

Victor W. Dahar, guardian ad litem, furnished no brief.


KENISON, C. J.

One of the problems involved in the present litigation in determining the interested parties was the possibility that the son Royal (aged 63) or his present wife Evelyn (aged 45) might have children. There was an ancient common law so-called conclusive presumption that any person is capable of having children regardless of age, physical condition, surgery or medical opinion. This presumption, dutifully reported and supported by Littleton, Coke and Blackstone...

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