Spring v. Parkman
Supreme Judicial Court of Maine
This was an action of assumpsit, for money had and received, brought to recover back money paid by the plaintiff tq the defendant, as the consideration of certain conveyances made by her, in her capacity of executrix of the last will and testament of Samuel Parlcman, late of Boston, deceased. On trial, the following facts were developed.
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This was an action of assumpsit, for money had and received, brought to recover back money paid by the plaintiff tq the defendant, as the consideration of certain conveyances made by her, in her capacity of executrix of the last will and testament of Samuel Parlcman, late of Boston, deceased. On trial, the following facts were developed. In the year 1824, Samuel Parlcman died in Boston, leaving a will, which was duly presented at a Probate Court held June, 1824, and proved, approved, and recorded ; and the defendant, his widow, at the same court, was appointed executrix. The 22d and 23d items…
1Opinion of the Court
At a subsequent term of the Court, the opinion was delivered by
Weston C. J.
Much of the argument, on the part of the plaintiff) turns upon the assumption, that the defendant had no title to the land, she undertook to convey, until after the date of her deed, when she filed in the probate office for the county of Lincoln, in this State, an attested copy of the will of her late husband and of the probate thereof; and when by order of the court of probate for that county, upon her petition, the said attested copy, with the probate, was ordered to be there recorded.
By the statute of 1821, ch. 51,…
2Cited by6 opinions
- Babcock v. CollinsSupreme Court of Minnesota · 1895
- Desmond v. PersinaSupreme Judicial Court of Maine · 1978
- Gray v. HutchinsSupreme Judicial Court of Maine · 1954
- Murphree v. GriffisSupreme Court of Alabama · 1926
- Vanasse v. LabrecqueSupreme Judicial Court of Maine · 1977
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