Thompson v. De Visser
Massachusetts Supreme Judicial Court
Two petitions in the Probate Court for the County of Berkshire, the first filed on January 10, 1913, under R. L. c. 141, § 13, by certain persons alleged to have claims against the estate of Francis T. Owen, who died testate on March 29, 1909, founded upon a bond executed by the testator on July 16, 1896, whereby he covenanted, for himself and his heirs, executors and assigns, to pay the petitioners and the survivor of them the sum of $10,000 three years after the date of…
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Two petitions in the Probate Court for the County of Berkshire, the first filed on January 10, 1913, under R. L. c. 141, § 13, by certain persons alleged to have claims against the estate of Francis T. Owen, who died testate on March 29, 1909, founded upon a bond executed by the testator on July 16, 1896, whereby he covenanted, for himself and his heirs, executors and assigns, to pay the petitioners and the survivor of them the sum of $10,000 three years after the date of his death, praying that the executor of the will might be ordered to retain in his hands sufficient assets to satisfy the…
1Opinion of the CourtSheldon, J.
The final account of the respondent was filed in the Probate Court on December 4, 1912, more than three years after he had been appointed and had given proper notice of his appointment. This account contained credits for payments in full to all persons interested under the will and showed no residue in the hands of the respondent. No notice of the filing of this account was given, and no decree of distribution ever was made. But the beneficiaries under the will, being all the next of kin of the testator, in writing assented to this account and requested its allowance. It was accordingly…
2Cases cited4 opinions
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Browne v. DoolittleMassachusetts Supreme Judicial Court · 1890
- Rhines v. WentworthMassachusetts Supreme Judicial Court · 1911
- Hammond v. GrangerMassachusetts Supreme Judicial Court · 1881
3Cited by10 opinions
- McLaughlin v. FeerickMassachusetts Supreme Judicial Court · 1931
- Beardsley v. HallMassachusetts Supreme Judicial Court · 1935
- Knowles v. PerkinsMassachusetts Supreme Judicial Court · 1931
- Weston v. FullerMassachusetts Supreme Judicial Court · 1937
- Cantor v. NewtonMassachusetts Appeals Court · 1976
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