146 A. 89 | N.H. | 1929
If the appellant is not aggrieved by the decree, his appeal must be dismissed, and he is not aggrieved unless he has some interest which will be concluded by the allowance of the will. P. L., c. 311, s. 1; Worthen v. Railroad,
Under the earlier will, which would be in force if the appeal should be sustained, whatever sum remained in the hands of the trustee after the death of the testator's son would go to the son's heirs. Clyde v. Lake,
"A contestant of a will must have some direct legal or equitable interest in the decedent's estate, in privity with him, whether as heir, purchaser, or beneficiary under another will, which would be destroyed or injuriously affected by the establishment of the contested will." Braasch v. Worthington,
The suggestion that the appellant's interest is direct, since the testator's son by reason of his incapacity must die intestate, is untenable. The interest which a person must possess to enable him to attack the validity of a will is such that if he prevails in the contest he will be entitled to a distributive share in the testator's estate. Angell v. Groff, 42 D.C. (App. Cas.), 198, 201. The contestant does not bring himself within this rule.
"Under statutes generally a proceeding to contest a will can be maintained only by a `person interested' or by a person `aggrieved' at the time the will is admitted to probate." Crowell v. Davis,
Exception overruled.
All concurred. *75
