Fitch v. Randall
Massachusetts Supreme Judicial Court
Contract, against the executors of the will of Henry Randall, to recover a legacy. Writ dated July 11, 1893. The declaration alleged that the will was duly proved and allowed on November 23, 1891, and that on December 14, 1891, the executors gave bonds, which were approved by the Probate Court, and that the plaintiff had duly demanded payment of the legacy from the executors, who had neglected to pay the same.
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Contract, against the executors of the will of Henry Randall, to recover a legacy. Writ dated July 11, 1893. The declaration alleged that the will was duly proved and allowed on November 23, 1891, and that on December 14, 1891, the executors gave bonds, which were approved by the Probate Court, and that the plaintiff had duly demanded payment of the legacy from the executors, who had neglected to pay the same. Answer: 1. A general denial. 2. That administration was not completed, and that the present condition of the estate would not permit the payment of the legacy. Trial in the Superior…
1Opinion of the CourtAllen, J.
By Pub. Sts. c. 136, § 19, every legatee may recover his legacy in an action at common law. Unless otherwise provided in the will, legacies are payable in one year from the death of the testator. Brooks v. Lynde, 7 Allen, 64. Rotch v. *382Emerson, 105 Mass. 431. Kent v. Dunham, 106 Mass. 586. But when an executor or administrator is required to make payment within two years after having given bond, the Probate Court may require security for refunding the amount if necessary, Pub. Sts. c. 136, § 20. Formerly, when the plea of plene administravit was in use, the plaintiff could give in evidence the…
2Cases cited4 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Rotch v. EmersonMassachusetts Supreme Judicial Court · 1870
- Browne v. DoolittleMassachusetts Supreme Judicial Court · 1890
- Fuller v. ConnellyMassachusetts Supreme Judicial Court · 1886
3Cited by9 opinions
- Gallo v. FoleyMassachusetts Supreme Judicial Court · 1937
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
- Harmon v. SweetMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. SegeeMassachusetts Supreme Judicial Court · 1914
- McKim v. HaleyMassachusetts Supreme Judicial Court · 1899
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