Sewall v. Patch
Massachusetts Supreme Judicial Court
Contract, by the administrator de bonis non, with the will annexed, of the estate of Epes Tarr, for money had and received, with a special count to recover the proceeds of certain shares' of bank stock, sold by the defendants.
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Contract, by the administrator de bonis non, with the will annexed, of the estate of Epes Tarr, for money had and received, with a special count to recover the proceeds of certain shares' of bank stock, sold by the defendants. At the trial in the Superior Court, before Allen, J., the plaintiff offered to prove the following facts: Epes Tarr died in 1867, leaving a will, which was duly admitted to probate, appointing his wife executrix, and containing the following clause: “I devise to my wife, Martha Tarr, all my real estate and personal property, so long as she shall remain my widow, and on…
1Opinion of the CourtDevens, J.
This case seems to us to be governed by the case of Buttrick v. King, 7 Met. 20. That was an action for money had and received, brought by the administrator de bonis non, with the will annexed, of the estate of John Green, against the administrator of the estate of Lois Green, the widow of John and executrix of his will. The will gave the income and improvement of all the estate of the testator, real and personal, to the said Lois during her widowhood, and the whole estate, after her marriage or death, to his children by a former marriage and their heirs; and authorized her to sell, if she…
2Cases cited3 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Rich v. RichMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Frank v. Morley's EstateMichigan Supreme Court · 1895
- Barlow v. NelsonMassachusetts Supreme Judicial Court · 1892
- Upham v. DraperMassachusetts Supreme Judicial Court · 1892
- Holland v. BallMassachusetts Supreme Judicial Court · 1906
- Cunniff v. McDonnellMassachusetts Supreme Judicial Court · 1907
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