Legal Opinion

Fay v. Haskell

Massachusetts Supreme Judicial Court

Decided January 3, 1911PublishedCited by 4 opinions

Two APPEALS to the Superior Court from the disallowance by the Probate Court for the county of Essex of claims presented to that court under E. L. c. 142, § 10, for allowance against the estate of Charles C. Blanchard, late of Lynn, deceased insolvent.

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Two APPEALS to the Superior Court from the disallowance by the Probate Court for the county of Essex of claims presented to that court under E. L. c. 142, § 10, for allowance against the estate of Charles C. Blanchard, late of Lynn, deceased insolvent. The appellants did not present their claims for allowance within the time allowed by the Probate Court for presenting claims under the statute, but contended that they were entitled to share in certain sums in the hands of the administrator upon the ground that those sums were “further assets” which had come to the hands of the administrator…

1Opinion of the CourtHammond, J.

These are two appeals to the Superior Court from the disallowance by the Probate Court of claims presented against the insolvent estate of one Blanchard, deceased, under R. L. c. 142, § 10. Neither appellant presented his claim within the time prescribed by the Probate Court, but each contended that he was entitled to share in certain funds in the hands of the administrator, upon the ground that these funds were “ further assets ” which had come to the administrator’s hands after the decree of distribution within the meaning of that section. At the trial in the Superior Court, without a jury,…

2Cases cited8 opinions

  1. Winslow v. PrinceMassachusetts Supreme Judicial Court · 1850
  2. Robinson v. HodgeMassachusetts Supreme Judicial Court · 1875
  3. Welsh v. WelshMassachusetts Supreme Judicial Court · 1870
  4. Alden v. StebbinsMassachusetts Supreme Judicial Court · 1868
  5. Gould v. CampMassachusetts Supreme Judicial Court · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Shattuck v. BurrageMassachusetts Supreme Judicial Court · 1918
  2. St. James Building Corp. v. Commissioner of Public SafetyMassachusetts Supreme Judicial Court · 1927
  3. Horton v. RobinsonMassachusetts Supreme Judicial Court · 1912
  4. Breen v. ScanlonMassachusetts District Court, Appellate Division · 1936

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