Richards v. Child
Massachusetts Supreme Judicial Court
Bill in equity by a creditor of the estate of John B. Fessenden, deceased, setting forth that Fessenden, late of West Roxbury in the county of Norfolk, died in June 1862; that his will was presented for probate in that county by the respondents, who were named as executors therein, and both of whom lived in Rhode Island; that the will was allowed, and letters testamentary were granted to the respondents; that they gave no notice to the creditors of Fessenden other than by…
Read the full summary
Bill in equity by a creditor of the estate of John B. Fessenden, deceased, setting forth that Fessenden, late of West Roxbury in the county of Norfolk, died in June 1862; that his will was presented for probate in that county by the respondents, who were named as executors therein, and both of whom lived in Rhode Island; that the will was allowed, and letters testamentary were granted to the respondents; that they gave no notice to the creditors of Fessenden other than by publicatioa of the usual citation, by order of the judge of probate, in the Norfolk County Journal, a newspaper printed in…
1Opinion of the Court
By the Court.
This case cannot be distinguished in any essential particular from those which have been recently decided by this court, involving the interpretation of St. 1861, c. 174, under the provisions of which this bill is brought. Waltham Bank v. Wright, 8 Allen, 121. Jenney v. Wilcox, 9 Allen, 245 Wells v. Child, 12 Allen, 333. It is suggested that the complainant had no actual notice of the appointment of executors, and that in this respect the case differs from those cited. But it is not alleged that he did not know of the death of his debtor or of the time when it took place. We…
2Cited by3 opinions
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- Leach v. LeachMassachusetts Supreme Judicial Court · 1921
- Connors v. WerbinskiMassachusetts Superior Court · 1981