Cathaway v. Bowles
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence that the defendant was the administrator of the estate of William H. Robinson; and showed, by a copy of the defendant’s first and final account as administrator, that there was a balance due the estate of Robinson of $622. The plaintiff also offered evidence tending to prove that the plaintiff’s…
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Contract for money had and received. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence that the defendant was the administrator of the estate of William H. Robinson; and showed, by a copy of the defendant’s first and final account as administrator, that there was a balance due the estate of Robinson of $622. The plaintiff also offered evidence tending to prove that the plaintiff’s intestate was the sole heir at law of Robinson; and that the defendant, as administrator, had since paid to her the sum of $300…
1Opinion of the CourtMorton, C. J.
Under our system, the administration of the estates of deceased persons, and the power of making decrees necessary for the distribution and settlement of such estates, are within the exclusive jurisdiction of the probate courts of the Commonwealth. The obligation to a distributee assumed by an administrator is “ to pay to such persons as the court may direct any balance remaining in his hands upon the settlement of his accounts.” Pub. Sts. c. 130, § 2. Gen. Sts. c. 94, § 2. This contemplates that an administrator is entitled to be protected by a decree of distribution, passed by the Probate…
2Cases cited3 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
3Cited by12 opinions
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Palmer v. WhitneyMassachusetts Supreme Judicial Court · 1896
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1903
- Browne v. DoolittleMassachusetts Supreme Judicial Court · 1890
- S. S. Pierce Co. v. FiskeMassachusetts Supreme Judicial Court · 1921
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