Powow River National Bank v. Abbott
Massachusetts Supreme Judicial Court
Bill in equity by certain creditors of the estate of Allen S. Weeks, deceased intestate, under Pub. Sts. c. 136, § 10, praying to be allowed to share in the assets of that estate and be given ' judgments for the amounts of their respective claims against it, they having failed to bring suit upon their claims within two years from the time that the administrator of the estate gave bond for the discharge of his trust, filed August 28, 1900. The defendants were John E. Abbott,…
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Bill in equity by certain creditors of the estate of Allen S. Weeks, deceased intestate, under Pub. Sts. c. 136, § 10, praying to be allowed to share in the assets of that estate and be given ' judgments for the amounts of their respective claims against it, they having failed to bring suit upon their claims within two years from the time that the administrator of the estate gave bond for the discharge of his trust, filed August 28, 1900. The defendants were John E. Abbott, administrator of the estate of Weeks, and four creditors whose claims had been allowed. The defendants, except the…
1Opinion of the CourtHammond, J.
It is plain that under the adjudications made by this court in cases which have arisen under this statute these plaintiffs are not entitled to the relief which they seek. Waltham Bank v. Wright, 8 Allen, 121. Jenney v. Wilcox, 9 Allen, 245. Wells v. Child, 12 Allen, 333. Sykes v. Meacham, 103 Mass. 285. They knew of the death of Weeks, and of the appointment of the administrator of his estate. They must be assumed to have known that, whether the estate was declared insolvent or not, their claims would be barred, unless within the statutory period of two years they commenced legal proceedings…
2Cases cited4 opinions
- Sykes v. MeachamMassachusetts Supreme Judicial Court · 1869
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- Knight v. CunninghamMassachusetts Supreme Judicial Court · 1894
- Morey v. American Loan & Trust Co.Massachusetts Supreme Judicial Court · 1889
3Cited by11 opinions
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Nochemson v. AronsonMassachusetts Supreme Judicial Court · 1932
- Nashua Savings Bank v. AbbottMassachusetts Supreme Judicial Court · 1902
- Leach v. LeachMassachusetts Supreme Judicial Court · 1921
- Estabrook v. MoultonMassachusetts Supreme Judicial Court · 1916
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