AYER v. HOW, 62 N.H. 697 (1883)

AYER, A’pt, v. How, Ex’r.

Supreme Court of New Hampshire Rockingham.
Decided June, 1883.

APPEAL from the refusal of the probate court to vacate a decree settling the account of the defendant as executor of David Messer, the plaintiff’s grandfather. Facts found by the court.

G. C. G. K. Bartlett and Wiggin Fuller, for the plaintiff.

J. S. H. Frink, for the defendant.

STANLEY, J.

The decree of settlement was made in pursuance of a written agreement of the plaintiff and all other parties in

Page 698

interest. The agreement was not obtained by fraud, and no cause is shown for vacating the decree.

Appeal dismissed.

BLODGETT, J., did not sit: the others concurred.

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