Cobb v. Kempton
Massachusetts Supreme Judicial Court
Two petitions to the Probate Court, in the first case by Wendell H. Cobb, one of the administrators of the estate of John H. Jennings, for a license to sell the real estate for the payment of a debt, and in the second case by Mary L. Jennings, the creditor named in the first petition, who is executrix of the will of Herbert R Jennings, for the removal of David B. Kempton, the co-administrator of Cobb, for his refusal to join in the first petition.
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Two petitions to the Probate Court, in the first case by Wendell H. Cobb, one of the administrators of the estate of John H. Jennings, for a license to sell the real estate for the payment of a debt, and in the second case by Mary L. Jennings, the creditor named in the first petition, who is executrix of the will of Herbert R Jennings, for the removal of David B. Kempton, the co-administrator of Cobb, for his refusal to join in the first petition. The Probate Court dismissed both petitions; and the petitioners, in December, 1889, appealed to this court. At the hearing, before Allen, J., it…
1Opinion of the CourtKnowlton, J.
The first of these cases is a petition of one of the administrators of the estate of John H. Jennings, late of New Bedford, deceased, for leave to sell real estate for the payment of debts, and the second is a petition brought by the creditor for the removal of David H. Kempton, the co-administrator, for his refusal to join in the first petition. It is contended by the respondent in the first case, that the debt for the payment of which the petitioner seeks to sell the real estate is barred by the statute of limitations, and there is no doubt that this contention is correct unless the right…
2Cases cited4 opinions
- McLane v. CurranMassachusetts Supreme Judicial Court · 1882
- Hannum v. DayMassachusetts Supreme Judicial Court · 1870
- Storer v. StorerMassachusetts Supreme Judicial Court · 1810
- Brooks v. RaynerMassachusetts Supreme Judicial Court · 1879
3Cited by11 opinions
- Zwick v. GoldbergMassachusetts Supreme Judicial Court · 1939
- Tyler v. WheelerMassachusetts Supreme Judicial Court · 1893
- McKim v. GloverMassachusetts Supreme Judicial Court · 1894
- Thorndike v. HinckleyMassachusetts Supreme Judicial Court · 1892
- Moyer v. BrayMassachusetts Supreme Judicial Court · 1917
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