Forbes v. Ware
Massachusetts Supreme Judicial Court
Contract, for the benefit of Edward E. Webster and George J. Marsh, administrators of the estate of Mabel A. (Miles) Webster, against Charles E. Ware, administrator with the will annexed of the estate of Mary J. Miles, upon a bond given by her to the Judge of Probate as the former guardian of said Mabel A., and approved on July 3, 1877. Mabel A., who was the wife of Edward E. Webster, died on July 2, 1885, and was then a minor, and the administrators of her estate were…
Read the full summary
Contract, for the benefit of Edward E. Webster and George J. Marsh, administrators of the estate of Mabel A. (Miles) Webster, against Charles E. Ware, administrator with the will annexed of the estate of Mary J. Miles, upon a bond given by her to the Judge of Probate as the former guardian of said Mabel A., and approved on July 3, 1877. Mabel A., who was the wife of Edward E. Webster, died on July 2, 1885, and was then a minor, and the administrators of her estate were appointed on January 4, 1896. Mary J. Miles died on April 3, 1894, and the writ in the present case was dated May 8, 1896.…
1Opinion of the CourtMorton, J.
We treat the assessor’s report as in the nature of a master’s report. See Fisk v. Gray, 100 Mass. 191; Paddock v. Commercial Ins. Co. 104 Mass. 521; McKim v. Blake, 139 Mass. 593. Exceptions to it were taken by both parties. The plaintiff has not argued the first exception taken by him, and states, in effect, that he does not now insist upon the others. We therefore regard the plaintiff’s exceptions as waived.
The substance of the defendant’s exceptions is that the master erred in regard to the matter of set-off and payment, and in excluding evidence that was offered by the defendant in…
2Cases cited14 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Schieffelin v. StewartNew York Court of Chancery · 1815
- Dunscomb v. DunscombNew York Court of Chancery · 1815
- Hook v. PayneSupreme Court of the United States · 1872
- Paddock v. Commercial InsuranceMassachusetts Supreme Judicial Court · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
- Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938
- Stuck v. SchummMassachusetts Supreme Judicial Court · 1935
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- National Academy of Sciences v. Cambridge Trust Co.Massachusetts Supreme Judicial Court · 1976
12 more not listed; retrieve them via the Exa API.