63 N.H. 29 | N.H. | 1884
The decedent died in 1873, leaving personal estate of the value of $140, and real estate of the value of $200. She left two sons as her only heirs. She left debts to the amount of $69.74, and a tax bill for 1872, the amount of which is not stated. She resided in Portsmouth, and her creditors resided there. They knew of her death at the time it occurred. They were entitled to administration at the end of thirty days after her decease, her sons having neglected during that time to apply for administration. Gen. St., c. 176, s. 5; G. L., c. 195, s. 5. The creditors did not take administration until more than seven years after they were entitled to it, and they do not explain their neglect. The sons and heirs took possession of the personal estate and spent it. They incurred debts for which their creditors attached and levied upon the land, which the administrator now asks a license to sell; and the appellee claims under such a levy made in 1877. The estate being solvent, and the personal estate more than sufficient *30
to pay all the debts, the real estate upon the decedent's death immediately vested in the heirs. Lucy v. Lucy,
But if it be assumed that when the license was applied for the personal estate was insufficient for the payment of the debts, it was properly refused. Whether it should be granted is a question of fact to be decided upon equitable principles, regard being had to the circumstances of the case. Merrill v. Harris,
Appeal dismissed.
All concurred.