Ames v. Ames
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by the executors of the will of Oakes Ames, to order the executors of the will of Oliver Ames to retain in their hands sufficient funds to satisfy the petitioners’ claim against his estate. The Probate Court dismissed the petition ; and the petitioners appealed to this court. Hearing before Gray, O. J., who affirmed the decree; and the petitioners appealed to the full court. The material facts appear in the opinion.
1Opinion of the CourtMorton, J.
The statute provides, that “a creditor of the deceased, whose right of action does not accrue within two years after the giving of the administration bond, may present his claim to the Probate Court at any time before the estate is fully administered; and if, on examination thereof, it appears to the court that the same is justly due from the estate, he shall order the executor or administrator to retain in his hands sufficient to satisfy the same. But if a person interested in the estate offers to give bond to the alleged creditor with sufficient surety or sureties for the payment of the…
2Cases cited2 opinions
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Grow v. DobbinsMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Cantor v. NewtonMassachusetts Appeals Court · 1976
- Converse v. NicholsMassachusetts Supreme Judicial Court · 1909
- Gilman v. TaylorMassachusetts Supreme Judicial Court · 1929
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