Lynch v. Skelly

The plaintiff has sued to recover certain moneys transferred by the decedent in his lifetime to one of the defendants and by her distributed with the other defendants after his death.

No inventory was filed in the Probate Court before suit was instituted and the claim upon which recovery is sought was not inventoried. The plaintiff has admitted these facts in his answer to the second and third special defenses of the defendants.

“In case the estate belonged to the intestate, the administrator could not prosecute his claim . . . until it was inventoried.” Gold’s Appeal, Kirby 100, 103. “Such…