Legal Opinion

Wiggin v. Swett

Massachusetts Supreme Judicial Court

Decided March 15, 1843PublishedCited by 4 opinions

This was an appeal from a decree of the judge of probate for the county of Suffolk, allowing an account rendered by the appellee, as surviving husband of the executrix of the will of William Thurston, the appellant being administrator de bonis non, with the will annexed, of said Thurston.

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This was an appeal from a decree of the judge of probate for the county of Suffolk, allowing an account rendered by the appellee, as surviving husband of the executrix of the will of William Thurston, the appellant being administrator de bonis non, with the will annexed, of said Thurston. The parties submitted to the court the following agreed statement: The said William Thurston died on the 25th of August 1822, leaving a will which was duly proved and allowed, and Elizabeth Thurston, his widow, who was appointed his executrix, accepted that trust, and rendered four accounts of her…

1Opinion of the CourtShaw, C. J.

The appellant has been duly appointed and qualified as the administrator de bonis non, with the will annexed, of the estate of William Thurston, formerly of Boston, deceased. Thurston died in 1822, having made a will, and appointed his wife, Elizabeth Thurston, sole executrix. This will was duly proved and allowed, and Mrs. Thurston assumed the duties of the trust to which she was appointed. In November 1830, she intermarried with the appellee, Samuel Swett of Dedham. It appears by the probate records, that previously to her marriage, she settled four accounts, as executrix, to wit, in 1824,…

2Cases cited1 opinion

  1. Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808

3Cited by4 opinions

  1. VIRGINIA ASSOCIATION OF INS. AGENTS v. CommonwealthSupreme Court of Virginia · 1959
  2. Hall v. BurgessSupreme Court of Rhode Island · 1917
  3. Swindle v. Benton County Circuit CourtSupreme Court of Arkansas · 2005
  4. Swindle v. Benton County Circuit CourtSupreme Court of Arkansas · 2005

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