Allen v. Edwards
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, refusing to grant the petition of the executor of the will of Thomas M. Saunders, to have a debt alleged to be due from the appellee to the testator deducted from a legacy given to the appellee by the will. Hearing before Field, J., who affirmed the decree of the Probate Cotirt, and reported the case for the consideration of the full court.
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Appeal from a decree of the Probate Court, refusing to grant the petition of the executor of the will of Thomas M. Saunders, to have a debt alleged to be due from the appellee to the testator deducted from a legacy given to the appellee by the will. Hearing before Field, J., who affirmed the decree of the Probate Cotirt, and reported the case for the consideration of the full court. If the appellant was entitled to have the debt deducted from the legacy, the decree of the Probate Court was to be reversed, and the case recommitted to determine the amount ; otherwise, the decree to be affirmed.…
1Opinion of the CourtDevens, J.
The question to be decided is whether certain promissory notes, originally due from the appellee to the testator, *139upon which no action could have been maintained at the time of the testator’s death, by reason of the fact that they were barred by the statute of limitations, are to be deducted from the legacy bequeathed to the appellee. There is no doubt that, by apt words, the testator might have provided that such a deduction should or should not be made, but those used in the will are not inconsistent with either result.* We are left therefore to determine the inquiry by considering what is…
2Cases cited5 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Blackler v. BoottMassachusetts Supreme Judicial Court · 1873
- Haynes v. NiceMassachusetts Supreme Judicial Court · 1868
- Vantine v. MorseMassachusetts Supreme Judicial Court · 1870
3Cited by31 opinions
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- Holden v. SpierSupreme Court of Kansas · 1902
- In Re the Estate of WernetSupreme Court of Kansas · 1979
- Davis v. H. S. & M. W. Snyder, Inc.Massachusetts Supreme Judicial Court · 1925
- Kimball v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1916
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