Holland v. Ball
Massachusetts Supreme Judicial Court
Appeal from the decree of a single justice affirming a decree of the Probate Court for the county of Worcester disallowing certain items in the first and final account of Hannah A. Holland, executrix of the will of Henry Holland, filed by Frank H. Holland, executor of the will of Hannah A. Holland.
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Appeal from the decree of a single justice affirming a decree of the Probate Court for the county of Worcester disallowing certain items in the first and final account of Hannah A. Holland, executrix of the will of Henry Holland, filed by Frank H. Holland, executor of the will of Hannah A. Holland. The account in question under Schedule B, “ Showing payments, charges, losses and distributions,” contained the following item : “And accountant further says that he has found no estate standing in the name of Henry Holland in’ the hands or possession of his testatrix, Hannah A. Holland, but that…
1Opinion of the CourtLoring, J.
The only question of law presented here is whether an executor acquires title to shares of stock belonging to the estate of his testator by wrongfully transferring them into his own name.
It is elementary law that an owner does not lose his property in a chattel by a wrongful conversion of it by another. The owner may at his election hold the wrongdoer for damages or retake the chattel owned by him. This is plainly stated in Glaspy v. Cabot, 135 Mass. 435, cited by the appellant together with Choate v. Arrington, 116 Mass. 552, and King v. Ham, *836 Allen, 298. There is nothing in any of these…
2Cases cited6 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
- Ball v. HollandMassachusetts Supreme Judicial Court · 1905
- Glaspy v. CabotMassachusetts Supreme Judicial Court · 1883
- Robinson v. BrownMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kaltsas v. KaltsasMassachusetts Appeals Court · 1986
- Abdallah v. BoumilMassachusetts Appeals Court · 1974
- Consedine v. ConsedineMassachusetts Appeals Court · 1995