Hampden Trust Co. v. Leary
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court of the county of Hampden allowing certain items in the first account of the Hampden Trust Company as executor under the will of Samuel D. Currier, late of Springfield. The case came on to be heard before Hammond, J., who reserved and reported it for determination by the full court.
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Appeal from a decree of the Probate Court of the county of Hampden allowing certain items in the first account of the Hampden Trust Company as executor under the will of Samuel D. Currier, late of Springfield. The case came on to be heard before Hammond, J., who reserved and reported it for determination by the full court. If the charges for payments made by the executor for expenses incurred by it in defending the estate from claims which it deemed unjust and in the probate or sustaining of the testator’s will and in defending an attack against the will properly were payable by the appellee…
1Opinion of the CourtKnowlton, C. J.
This is an appeal from a decree of the Probate Court, allowing an executor’s account. The only items which are objected to by the appellants are for payments made by the executor for expenses of defending the estate from claims which were deemed unjust, and of proving the will, and of resisting an attack upon it by persons interested in preventing its allowance. No question is made in regard to the amount of *580the items if they were properly chargeable in the executor’s account. Plainly they are of a kind that ordinarily are allowed in the accounts of executors, and are properly payable out of…
2Cases cited6 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Williams v. . the PeopleNew York Court of Appeals · 1862
- Commonwealth v. HaynesMassachusetts Supreme Judicial Court · 1871
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3Cited by6 opinions
- Brennan v. Election CommissionersMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. MekelburgMassachusetts Supreme Judicial Court · 1920
- Hillman v. Second Bank-State Street Trust Co.Massachusetts Supreme Judicial Court · 1958
- Magullion v. MageeMassachusetts Supreme Judicial Court · 1922
- In Re Ionosphere Clubs, Inc.United States Bankruptcy Court, S.D. New York · 1990
1 more not listed; retrieve them via the Exa API.