Dallinger v. Morse
Massachusetts Supreme Judicial Court
Contract by the alleged administrator de bonis non of the estate of Nellie E. Morse, otherwise known as Nellie Morse, against Lizzie Morse, otherwise known as Lizzie H. Morse, for $996.83 with interest thereon from October 11, 1906. Writ dated June 2, 1908. The declaration alleged that by a decree of the Probate Court for the county of Middlesex made on May 21,1908, the plaintiff was appointed administrator of the goods not already administered of Nellie E. Morse, otherwise…
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Contract by the alleged administrator de bonis non of the estate of Nellie E. Morse, otherwise known as Nellie Morse, against Lizzie Morse, otherwise known as Lizzie H. Morse, for $996.83 with interest thereon from October 11, 1906. Writ dated June 2, 1908. The declaration alleged that by a decree of the Probate Court for the county of Middlesex made on May 21,1908, the plaintiff was appointed administrator of the goods not already administered of Nellie E. Morse, otherwise known as Nellie Morse, late of Natick, by virtue of which the plaintiff became entitled to the personal estate of the…
1Opinion of the CourtSheldon, J.
The fundamental question in this case is as to the jurisdiction of the Probate Court to grant in 1906 original administration upon the estate of Nellie E. Morse, who had died in 1874. R. L. c. 137, § 3. It is provided by § 4 of the chapter just cited that “if administration has not been taken on the estate of a testator or intestate within twenty years after his decease, and any property or claim or right thereto remains undistributed or thereafter accrues to such estate and remains to be administered, original administration may for cause be granted, but such administration shall affect no…
2Cases cited4 opinions
- Connors v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1910
- McCooey v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Tobin v. LarkinMassachusetts Supreme Judicial Court · 1905
- Codwise v. LivermoreMassachusetts Supreme Judicial Court · 1907
3Cited by3 opinions
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
- Old Colony Trust Co. v. PorterMassachusetts Supreme Judicial Court · 1949
- Taylor v. BadgerMassachusetts Supreme Judicial Court · 1917