Legal Opinion

Hammond v. Granger

Massachusetts Supreme Judicial Court

Decided September 5, 1881PublishedCited by 4 opinions

Petition filed April 4,1879, by the present trustee under the will of Cotton Smith, to the Probate Court, under the Gen. Sts. c. 97, § 8, to order Sophronia Granger and John W. Smith, administrators with the will annexed of Lorenzo 1ST. Granger, to retain in their hands sufficient funds to satisfy the petitioner’s claim against his estate.

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Petition filed April 4,1879, by the present trustee under the will of Cotton Smith, to the Probate Court, under the Gen. Sts. c. 97, § 8, to order Sophronia Granger and John W. Smith, administrators with the will annexed of Lorenzo 1ST. Granger, to retain in their hands sufficient funds to satisfy the petitioner’s claim against his estate. The Probate Court dismissed the petition, but, on appeal to this court, its decree was reversed, and the case remitted for further proceedings. 128 Mass. 272. The Probate Court thereupon decreed that the respondents should retain in their hands assets in…

1Opinion of the CourtGray, C. J.

The object of the Gen. Sts. c. 97, §§ 8-11, is to secure to creditors of a deceased person, whose right of action does not accrue within the period of the special statute of limitations, but whose debts become due while the estate, not having been fully administered, is still within the jurisdiction of the Probate Court, a right to share in any assets which remain in or may come to the hands of the executor or administrator.

The first step to be taken by the creditor is to present his claim to the Probate Court, which is to examine the same, and, “if it appears that the same is justly due from…

2Cases cited4 opinions

  1. Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
  2. Hazelton v. ValentineMassachusetts Supreme Judicial Court · 1873
  3. Hammond v. GrangerMassachusetts Supreme Judicial Court · 1880
  4. Osterhout v. HardenberghNew York Supreme Court · 1822

3Cited by4 opinions

  1. Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
  2. Thompson v. De VisserMassachusetts Supreme Judicial Court · 1914
  3. Bassett v. DrewMassachusetts Supreme Judicial Court · 1900
  4. Bassett v. GrangerMassachusetts Supreme Judicial Court · 1883

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