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BEDELL a., Ap'ts v. BAILEY, Ap'ee.

The acts of a judge of probate, in the settlement of an estate in which he is interested as an executor, are void.

BINGHAM, J.

No judge of probate shall act as such in the settlement of any estate in which he is interested as an executor. Gen. St., c. 170, s. 11. In such a case he has, and can have, no jurisdiction. The acts of Bedell were absolutely void. Stearns v. Wright, 51 N.H. 610; Moses v. Julian, 45 N.H. 60.

Demurrer overruled.

DOE, C. J., did not sit.

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BEDELL v. BAILEY
(Dec 1, 1876)