Legal Opinion

Farrington v. Miller

Massachusetts Supreme Judicial Court

Decided January 6, 1917PublishedCited by 6 opinions

Bill in equity, filed in the Supreme Judicial Court on September 23,1910, by the administratrix of the estate of Jane Miller, late of Chicago in the State of Illinois, against the executors of the will of Thomas W. Pope, late of Brockton, seeking under R. L. c. 141, § 10, to enforce a claim for services rendered to Thomas W. Pope, which had not been prosecuted within the period of the special statute of limitations.

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Bill in equity, filed in the Supreme Judicial Court on September 23,1910, by the administratrix of the estate of Jane Miller, late of Chicago in the State of Illinois, against the executors of the will of Thomas W. Pope, late of Brockton, seeking under R. L. c. 141, § 10, to enforce a claim for services rendered to Thomas W. Pope, which had not been prosecuted within the period of the special statute of limitations. The heirs at law of Thomas W. Pope, alleging that one of the executors was a son of Jane Miller, asked leave to intervene as defendants and were permitted to do so. The suit was…

1Opinion of the CourtDe Courct, J.

The plaintiff’s intestate, Jane Miller, had a valid claim against the defendants as the executors of the will of her brother Thomas W. Pope, for her services as his housekeeper, caretaker, domestic and nurse. Mrs. Miller did not bring suit within the prescribed statutory period of two years; and the plaintiff, who succeeds to her rights, brought .this bill in equity under R. L. c. 141, § 10, which reads as follows: “If the Supreme Judicial Court, upon a bill in equity filed by a creditor whose claim has not been prosecuted within the time limited by the preceding section, is of opinion that…

2Cases cited3 opinions

  1. Ewing v. KingMassachusetts Supreme Judicial Court · 1897
  2. McMahon v. MillerMassachusetts Supreme Judicial Court · 1906
  3. Ryan v. LyonMassachusetts Supreme Judicial Court · 1912

3Cited by6 opinions

  1. Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
  2. Leach v. LeachMassachusetts Supreme Judicial Court · 1921
  3. Mitchell v. Estate of SmithSupreme Court of New Hampshire · 1939
  4. Wright v. WrightSupreme Court of Connecticut · 1936
  5. Johnson v. ClabburnMassachusetts Supreme Judicial Court · 1924

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